Document 91daQD2XXq8rnvx5r4G16eznq

In The Matter Of: 1 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignus September 14, 1995 1 d Gore & Perry Reporting Company 100 North Broadway Suite 1175 St. Louis, MO 63102 (314) 241-6750 or (314) 621-4790 :'7) J Original File benp0914.arr. 183 Pages Word Index included with this Min-U-Scriptc STLCOPCB4024800 Tennessee Gas Pipeline Company v. Monsanto Company Page 1 [i] Tennessee Gas Pipeline Company [2] vs. [3] Monsanto Company [i4j Deposition of Paul G.Benignus [15] September 14,1995 COMMONWEALTH OF KENTUCKY ROWAN CIRCUIT COURT CIVIL BRANCH TENNESSEE GAS PIPELINE COMPANY, Plaintiff, VS. NO. 94-CI90145 MONSANTO COMPANY, Defendant DEPOSITION OF PAUL G. BENIGNUS, taken on behalf of the Plaintiff, at the Fischer Hotel, 2100 West Main, in the City of Belleville, State of Illinois, on the 14th day of September, 1995 before Jacqueline A. Schniers, Certified Shorthand Reporter, Registered Professional Reporter, and Notary Public. Page 2 APPEARANCES OF COUNSEL: FOR THE PLAINTIFF: Hedlund, Hanley & John Mr. Steven J. Roeder Sears Tower, Suite 5700 Chicago, IL 60606 FOR THE DEFENDANT: Smith, Heims, Mulliss & Moore Mr. Rolty L. Chambers 227 North Tryon Street Charlotte, NC 28202 Page 3 INDEX PAGE Examination by Mr. Roeder 6 EXHIBITS Plaintiffs Exhibit No. 74 10 Plaintiff's Exhibit No. 75 48 Plaintiff's Exhibit No. 76 56 Plaintiff's Exhibit No. 77 63 Plaintiffs Exhibit No. 78 68 Plaintiffs Exhibit No. 79 71 Plaintiffs Exhibit No. 80 75 Plaintiff's Exhibit No. 81 78 Plaintiffs Exhibit No. 82 82 Plaintiffs Exhibit No. 83 83 Plaintiffs Exhibit No. 84 84 Plaintiffs Exhibit No. 85 86 Plaintiffs Exhibit No. 86 89 Plaintiffs Exhibit No. 87 109 Plaintiffs Exhibit No. 88 118 Plaintiffs Exhibit No. 89 124 Plaintiff's Exhibit No. 90 126 Page 4 Plaintiffs Exhibit No. Plaintiffs Exhibit No. Plaintiffs Exhibit No. Plaintiffs Exhibit No. Plaintiffs Exhibit No. Plaintiffs Exhibit No. Plaintiffs Exhibit No. Plaintiffs Exhibit No. 91 92 93 94 95 96 97 98 132 135 140 143 153 160 170 172 Page 5 m PAUL G.BENIGNUS Page 6 [2] of lawful age, having been first duly sworn to 13] testify the truth, the whole truth, and nothing but [4] the truth in the case aforesaid, deposes and says in [5] reply to oral interrogatories pro pounded as follows, |6] to-wit: [7] EXAMINATION [8] QUESTIONS BY MR. ROEDER: 19] Q: Can you state your name for the record [ioj please, sir? Hi] A: Paul G. Benignus,B-E-N-I-G-N-U-S. mi Q: Mr. Benignus, where do you reside? 113] A: 47 Metcalf, Belleville, Illinois. 62223. Gore & Perry 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignus September 14, 1995 [14] Q: Six,you have had your deposition taken [i5j before, have you not? [16] A: Yes. [17] Q: Have you testified at any trial? [18] A: No. [19] Q: You have only testified in a proceeding like [20] this? [21] A: Like this, yes. [22] Q: Where the court reporter will take dowr your [23] answers? [24] A: Right. [25] Q: Just so the record's real clear, sir, you Page 7 [1] know I'll ask you a series of questions, and il at [2] any time you don't understand my question please [3] feel free to let me know. I'll attempt tc rephrase [4] it as best I can, fair enough? [5] A: Good. [6] Q: If you need to take a break, let me know. [7 I'll try to accommodate you as best I can. [8] A: All right. 19] Q: If you don't tell me you don't understand [10] the question, I'll assume you do. pi) A: Okay. [12] Q: You are retired now, sir? [13] A: Yes. [14] Q: And you had spent, is it fair to say, your U5] entire professional career with the Monsanto Company? [16] A: Yes. [17] Q: Can you, sir, tell me a little bit about [is: your educational background after high school? [19] A: I graduated with a B.A. major in chemistry [20] and minor in physics, 1933, Illinois College, [21] Jacksonville, Illinois. [22] Q: Where did you go after that, sir? Did you [23] take any postgraduate education? [24] A: Wentto WashingtonU,St.Louis,gotanM.S. 125] in organic chemistry. My research work was in drugs Page HI and medicinal synthesis. [2] Q: Drugs and medicinal synthesis? [3! A: Yes. [4] Q: When did you get your degree from Wash ington [5] University? |6j A: '34. [7] Q: Then promptly after that point you were is; employed by the Monsanto Corporation? [9] A: Right. [ioj Q: What is the difference, sir, between, if you [11] can explain to a layman like me, between organic [12] chemistry and inorganic chemistry:-' (13) A: Organic chemistry is based on carbon anci [14] hydrogen, and it may be aromatic, meaning the benzene [15] ring structure, or it can be ali phatic. [16] Q: Can you spell that for the court reporter:" Page 1 - Page 8 STLCOPCB4024801 Paul G. uenignus September 14, 1995 [17] A: A-L-I-P-H-A-T-I-C. Now, that would be a [is] straight change of carbon atoms to which hydro gen is [19] attached. [20] Q: That's if it's aliphatic form? [21] A: If it's aliphatic. [22] Q: How would an aromatic differ from ali phatic [23] form? [24] A: As I said, the aromatic is a carbon -- [25] six-member, carbon ring structure. Should I draw a Page 9 [1] picture? [2] Q: Yes, if you could just so I understand.lt [3] always helps -- [4] A: I'll draw it for you then. [5] Q: For die record, I handed the witness a piece [6] of legal pad which is blank. [7] A: I don't know how much detail you want to go [8] into, but the carbon ring structure is six carbon [9] atoms. That is a carbon -- or the benzene ring. [ioj That is a diagram for benzene. Now, attached to this [iij carbon, each carbon is a hydrogen then there are [12] double bonds here that's a closed ring structure. U3] Q: So this would be -- this would be aro matic? [14] A: That's aromatic. [15] Q: For the record I'm writing aromatic next [16] to -- [17] A: Aliphatic is just a chain of carbons. [18] Q: That would be C -, C----- [19] A: C -- [20] Q: -- something like that? [21] A: Right. [22] Q: Fora momentthere the witness andl were [23] singing the same hymnal. [24] A: Then, of course, you understand there is [25] hydrogens attached. Page 10 HI Q: Right, hydrogen on each side? [2] A: Yes. [3] Q: Something like that. That would be [4] ali phatic, A-L-I-- [5] A: P-H-A-T-I-C, Aliphatic. [6] Q: That helps. [7] MR. CHAMBERS: Will we be marking that as an [8] exhibit? [9J MR. ROEDER: I might just so -- I'm not sure [ioj we'd ever want to use it anymore than that, but just [ii] so it's clear what it is the witness is referring to. [12] Let's go ahead and mark that. It will help us keep [131 track of that a little bit. [14] MR. CHAMBERS: That was my thought ex actly. US] (Plaintiff's Deposition Exhibit [i6] No. 74 marked for identification) [17] Q: (By Mr. Roeder) So when you started at [is] Monsanto in 1934, you just obtained your Master's [19] Degree in organic chemistry from Washington [20] University? [2i] A: Correct. Page 9 - Page 12 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [22] Q: Did you join Monsanto in the research [23] department? [24] A: No. [25] Q: What department did you join, sir? Page 11 [l] A: Well, we all started in the analytical lab [2] in those days. [3] Q: What did you do in the analytical lab in [4] general in those days? [5] A: Analyst for two years. [6] Q: So you analyze chemicals, break them down, [7] figure how to make them? [8] A: Assayed chemicals. [9] Q: That's A-S-S-A-Y-E-D? [ioj A: Yes, assayed. [ii] Q: By doing that you'd be able to determine [12] A: Determine purity and things like that. [13] Q: The purity you can determine because you'd [i4] be able to see how close the actual chemical was to [15] what you'd expect theoreti cally based upon its 116] structure; is that correct? [17] A: Right. Then I spent a year in advanced [i8] analytical chem lab. [19] Q: Also at Monsanto? [20] A: I spent my life at Monsanto. [21] Q: I mean, was the lab in Monsanto? [22] A: It was all in St. Louis, Monsanto, [23] St. Louis. [24] Q: So you went from analytical lab to the [25; advanced analytical lab? Page 12 ID A: Down the hall. [2] Q: Down the hall, okay. How did the duties and [3] responsibilities of advanced analytical lab differ [4] from analytical lab? [5] A: Not greatly. [6] Q: Just more complicated? [7] A: Yes, you might say that. [8] Q: What did you do after that, sir? [9] A: Two years in plant process control labs, [ioj These were out in the plant closer to the process, [ii] And the work was for controlling the manu facturing [121 process. [13] Q: What happened after that? [14] A: After that I -- in '39 I believe I went to a [15] section of the research department, specific ally [16] application research. [17] Q: What was the charge ofthe application [is] research department? [19] A: Pardon? [20] Q: What did the application research depart ment [21] do? [22] A: Oh, we did application research on [23] plasticizers, great deal in polyvinyl chloride which [24] came along at that time, the vinyl plastics. [25] Q: So is it fair to say that in the application Gore & Perry 800 878-6750 STLCOPCB4024802 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignuf September 14, 1995 Page 13 [i) research department you would analyze new compounds [2] and chemicals and see how you could use them in [3] product? Hi A: Not analyze it, apply them, use them. 15] Q: Try them? Lawyer's Notes [5] A: There were four sections to the develop ment [6] department. I had charge of a laboratory diere, and [7] I performed duties that were asked of me from the [8j managers of the following four disciplines or [9] sections of work. One was in the drug industry [10] aspirin was an example. An other was in a section of [ii] the development of IS] A: Try them, okay.So the compound is already [7] formed, the question is what do you do with it? plasticizers for use in plastic [12] film of various types. fi3) Q: Yes, anything else, sir? [8] A: No, we were looking to see and judge the 191 usefulness of various chemical compounds, in this no] case various types of plasticizers to see howuseful [in they may be in plasticizing.We did a lot of work on [12] polyvinyl chloride, but we also worked with other [13] resins. [H] Q: So you attempt to see whether or not a use [15] of the product would work with that mate rial? [16] A: Correct. [17] Q: How long were you in applications re search? [18] A: I was there two years. Another area I'd [i9j like to note in passing we had a biolab, biological [20] lab, and I did a lot of work on pentachlorophenal. [21] This was a wood preserver, termite eradicator [22] repellent, and also a powerful fungi cide.And the [23] application work was in the area of wood [24] preservation. [25] Q: So pentachlorophenal? Page 14 [1] A: Yes. [2] Q: So in the research of pentachlorophenal [3] would be used to preserve the wood, also to kill -- [4] potentially to kill plants? [14] A: Another section dealt with wood [15] pres ervation, and I developed various wood treating [16] formulations. [17] Q: With all the treated wood I hope you [is; patented some of them? [19] A: It was patented, yes. [20] (Discussion held off the record) [21] A: There was another section dealt with flav ors [22] and condiments. Monsanto made vanillin and coumarin [23] in that area. [24] Q: Can you spell that please for the record? [25] A: What's that, V-A-N-I-L-L-I-N. Page 16 [1] Q: From which you get vanilla? [2] A: Sure, synthetic vanilla. [3] Q: Synthetic vanilla, right. [4] A: Coumarin, C-O-U-R -- excuse me, [5] C-O-UM-A-R-I-N. That is a condiment used to enhance [6] flavors. [7] Q: Okay.So you were still in organic [8] depart ment at this point, and then was there a switch [9] at some point where you were no longer in the organic [10] department? [iij A: Yes. [5] A: No, fungus. [12] Q: How did that happen, sir? [6] Q: Fungus, fungicide? [7] A: Herbicide would be plants. [8] Q: Herbicide would be plants. Fungicide is [9] fungus, okay. [io] A: We're preserving wood, and that's [11] sus ceptible to be attacked by termites and also by 3 [12] fungus. [13] Q: Right. [14] A: Green mold, black mold, so forth, mold is [15] another word you may use. [16] Q: At any point, sir, as we have gone in your [17] history at Monsanto, did you get to the point thus [is] far where your people report to you in i labs so you'd [19] be -- [20] A: No, I was technologist, and at this stage [21] nobody was reporting to me. [22j Q: What did you do after the applications [23] research position? [24] A: After that, and now we are up to 1941,1 [25] believe, maybe the early part of '42, I was assigned [13] A: In 1947 I left the organic division but also [14] in the same building, I didn't leave the build ing, I [i5] was invited to join the inorganic divi sion. [16] Q: Who invited you, sir? in] A: They did. I knew them very well from the [18] top man in town. They were close to me in the same. [19] Q: How did your duties change? [20] A: Okay. They invited me to work on Aroclor. [21] A-R-O-C-L-O-R, large family of compounds on which 1 [22] had done work previously while I was still in the [23] organic division. So I was acquainted with the [24] chlorinated biphenyl. B-I-P-H-E-N-Y-L, no "O," and [25] chlorinated poiyphenyl, trichlorobenzene, Page 17 HI B-E-N-Z-E-N-E, compounds, called Aroclors. That was [2] Monsanto's trade name. These were manufactured in [3] Anniston, Alabama. [4] Q: A-N-N-I-S-T-O-N, correct? Page 15 [5] A: Correct, and also at Monsanto, Illinois. m to the development department. Now, this is all of [2] the organic chemicals division at St. L Louis. [6] Q: At this point, sir, had Aroclors been [7] pro duced and marketed by Monsanto? [8] A: Oh, yes. 13) Q: What did die development department in the [4] organic chemicals division do?___________ 19] MR. CHAMBERS: That's fine, he will take voi no) where you need to go next. _____________ &a Gore & Perry 800 878-6750 Min-U-Script Page 13 - Page 1" l-- I STLCOPCB4024803 Paul G. Benignus September 14, 1995 [ill Q: (By Mr. Roeder) And in joining the [12] inorganic department, what were the types of things [131 that you had done with the Aroclors? I mean what [i4] types of areas of research were you asked to perform? U5] A: It wasn't research, it was while I was still [16] in the laboratory and the development de partment of [17] the organic division. I'm going to confuse you now [is] because organic and inor ganic. [19] Maybe we ought to straighten this out so you [20] don't get confused. I was requested because the [2i] research laboratories for the inorganic division [22] which made the Aroclors they were in Anniston, [23] Alabama, but the business group was in St. Louis, and [24] at times they wanted to have such things, mundane [25] things as fiscal Constance determined, density, Page 18 [1] specific gravity, boiling point, things like that, [2] and it was convenient for them to ask me to do it in [3] St. Louis rather than having to go through their own [4] research at Anniston. [5] Now, so you get this picture straight. In [6] recent times at the end of the business, the word PCB [7] came along. Up until the environmental ists got [8] involved nobody ever heard of PCB, but I'll use that [9] term. But PCB, I mean the Aroclors, which was our [10] trade name or the trade name General Electric and [ii] Westinghouse they all had their own trade names so [12] I'll call them PCB's for short. [13] MR. CHAMBERS: Let me say for clarity you're [14] referring to the chlorinated biphenyl Aroclors rather [15] than to the entire family of Aroclors; is that right? [16] A: No, I'm referring to the entire family. U7] MR. CHAMBERS: Including the chlorinated [18] terphenyls? [19] A: Yes, they were called Aroclors. The [20] chlorinated biphenyls were based on this ring [21] structure. [22] Q: That's the aromatic ring structure you had [23] drawn earlier? [24] A: Yes. Now, the chlorinated terphenyls -- [25] excuse me, this is a benzene ring. That's one Page 19 [l] benzene ring, the biphenyl is two of these hooked [2] together. That's what we have when we have [3] chlorinated biphenyl. When you have three benzene [4] rings, you have chlorinated terphenyl. [5] Q: Can I to just modify if I could just put [6] another ring? [7] A: Correct. [8] Q: Which I'm doing in pen. That would be a [9] biphenyl? [10] A: Biphenyl. Hi] Q: This should be six-sided ring, correct? [12] A: Yes. [13] Q: Then another one? [14] A: Six-sided ring. [15] Q: That would be a terphenyl? Page 18 - Page 21 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [16] A: Terphenyl. There can be quarterphenyl too, [17] you know. [18] Q: You just hook on another ring? [19] A: Sure. [20] Q: So the record's clear, I had modified [21] Plaintiff's Exhibit 74 in pen to add two more rings [22]to the left of the aromatic ring that the witness had [23] previously drawn out. [24] So if I could understand part of the reason [25] that you joined the inorganic division is that in St Page 20 [i] Louis it was much more convenient so they could have [2] you close by to give the -- to do the sign -- I can't [3j get it right. Let me rephrase it. It was important [4] to have you close by because you could give the [5] analytical back grounds that you needed for the [6] Anniston plant; is that fair to say? [7] A: Really not that sophisticated. What I was [8] doing was very mundane. It's nothing of any [9] importance. Let's go back so we understand this [io] thing. Swan Chemical in Anniston, Alabama produced [ii] biphenyl, these two rings. [12] Q: Right. [13] A: As an indirect heat transfer median to be [14] used in an oil refinery in Kentucky.They made two [i5] Aroclor of Byphen which is solid. It was used for [i6] the purpose but being solid at room temperature [17] wasn't very screen, all the plants froze at room [is] temperature.Now, that led later to you producing a [19] liquid blend of biphenyl and biphenyl oxide which is [20] well-known dowtherm, D-O-W-T-H-E-R-M, with well-known [21] dowtherm. However, Swan had a plant to make this [22] biphenyl and no market. It did something simple. [23] They chlorinated it, and now they get a terrific [24] family of compounds, and we have things that are [25] liquids like water to more viscous liquids, to things Page 21 [1] that are thick as molasses, and things that get to be [2] solid like resins. Finally, the end point on the [3] biphenyl, if you put ten chlorines that's the end of [4] it. You have something as solid and hard as sand. [5] Well, this opens up a big spectrum of properties that [6] are useful. [7] MR. CHAMBERS: Mr. Benignus, it may help if we [8] let Mr. Roeder kind of lead us on through. I don't [9] want to cut you off or intervene. I know this is all [io] background. It just may help us more along more [ii] quickly if we restrict ourselves to Mr. Roeder's [12] questions. [13] A: I don't mean to give a lecture here. [14] Q: (By Mr. Roeder) It is very helpful, sir. [15] A: I'm trying to get you to understand so you [16] can ask questions. [17] Q: Sure. If I understand it correctly, what [is] the Swan chemical plant had done is found this [19] product, but in the form that they originally used it [20] it was hard at room temperature, correct? [21] A: Yes. [22] Q: By chlorinating the product they're able to [23] make it in various forms that could be Gore & Perry 800 878-6750 STLCOPCB4024804 Tennessee Gas Pipeline Company v. Monsanto Company almost as thin [24j or viscous as water running the gamut depending upon [25] how many of these benzene rings you attach to the Page 22 [l] product through the manufacturing process to make it [2] very hard and solid. And in the ring of those things [3] is how you could vary the product with different [4] properties; is that clear, is that fair? [5] A: Yes. 16] MR. CHAMBERS: Let me just add you stated that [7] your understanding was that the hardness of the [8] material depended on the number of benzene rings [9] attached, and I think Mr. Benignus' testimony was [io] that that depended upon the number of chlorine atoms un attached. [12] Q: (By Mr. Roeder) Is that correct? [13] A: That's correct. [14] MR. ROEDER: Sounds like we got an attor ney with [15] some chemical background here. [16] MR. CHAMBERS: Limited, I can assure you. [17] A: There is one thing to note here. These [isj benzene rings are noted for their high thermal [19] Stability. [20] Q: (By Mr. Roeder) Meaning they do not break [2i] down as temperature increases? [22] A: Right. These chain hydrocarbons are not [23] nearly as stable. [24] Q: The aliphatic changes do break down as [25] temperature increases? Page 23 [1] A: This is correct.These are much more stable [2] compounds which is important, but Monsanto now in [3] 1935 bought Swan Chemical. This is how Monsanto [4] acquired this business in An niston, Alabama. And [5] then the management from Swan was moved to [6] St. Louis. Swan was an inorganic chemical company [7] primarily, but they got into this incidentally making [8] the biphenyl. Their business was inorganic chemi cals [9] for baking powder, toothpaste, and things like that. [io] Q: Okay. That's helpful, that's helpful. Now, Hi] in the -- as you got in the inorganic division and [12] you worked with Aroclors -- U3] A: Yes. [14] Q: -- how did the -- you know, just in gen eral, [15] how did the development of the Aroclors occur? Were [i6] they new products that were introduced in the '40s [17] and '50s? [18] A: Okay. Should I answer yes or give a whole U9] lecture? [20] Q: You can answer yes. [21] MR. CHAMBERS: Say yes, then wait for the next [22] question. [23] Q: (By Mr. Roeder) Just answer the question, [24] then I'll ask a follow-up. [25] A: Yes. Page 24 HI Q: In what additional product were you in volved [2] with different formulations of Aroclors in-the [31 Monsanto? Gore & Perry 800 878-6750 Lawyer's Notes Mln-U-S cript Paul G. Benignus September 14, 1995 [4] A: My work was strictly entirely on the [51 Aroclors, nothing else at this time. [6] Q: Now, the Aroclors had a number of differ ent [7] uses; isn't that correct, sir? [8] A: Right. [9] Q: So they could be used in the dielectric [10] field? [11] A: Yes. [12] Q: And for the record, when they were used in [13] dielectric field for those uses, what do you mean by [14] that, what? [15] A: Insulation for transformers and capacitors [16] and their saline feature. Briefly because -- this is [17] a very technical subject, but briefly there was ns] interest because they did not sup port or sustain [19] combustion so it's a safety feature as a replacement [20] for mineral oil di electric which was coarse burns. [2i] Q: Sir, if I -- you could see a transformer, [22] for example, that might be on a power line up on a [23] pole, correct? [24] A: Yes. [25] Q: Would that be a transformer that could have Page 25 [1] used a dielectric in the '50s, '60s, early '70s? [2] A: Could have, but it didn't. 13] Q: Which are the transformers which would have [4j those? Would they be little ones,big ones? [5] A: The type of transformer that employed [6; askarel which cost more than mineral oil so it was [7] used at a premium to provide safety were judged [8] essential. So now we have transformers that would be [9] put into vaults in a building where there are people. [10] You asked on the top of a pole. Well, if the top of [ii] the pole catches on fire nobody's -- it's no great [12] problem, voi. don't have to spend the money for the [i3]askarel. So askarel was strictly a specialty and at |i4] a premium price to provide fire resistance.And the [15] greatest proponents were the fire underwrit ers who [16] liked to write insurance on some thing that didn't [17] burn to begin with. [is] Q: So askarel was a trade name of one of the [19] Aroclors, correct? [20] A: No, askarel is not a trade name. Askarel is [21] a generic name that requires chlorinated aromatic [22] ring structure hydrocarbons versus chlorinated [23] aliphatic compounds, which we already said a minute [24] ago were not as stable as these. [25] Q: I think I actually got the last question Page 26 [1] flipped the wrong way. Aroclors are askarels, [2] correct, because I think that's the first time you [3] used it in your testimony? [4] A: Aroclor was Monsanto's trade name for [5] askarel because Aroclor met these requirements as [6] defined, stipulated, by the fire underwriters and by [7] the American Society for Testing and Materials where [8] the specifications and re quirements were officially [9] documented. Now. askarel, therefore, spelled [io] A-S-K-A-R-E-L, that is a generic name that covers [ii] Monsanto's trade name Aroclor, General Electric's [12] trade name. Page 22 - Page 26 STLCOPCB4024805 Paul G. iiemgnus September 14, 1995 Pyranol, P-YR-A-N-O-L, Westinghouse's [13] trade name, Inerteen, I-N-E-R-T, double "E," N. I [i4] could list a dozen more trade names, but this is [i5J Q: Right, that answers the question, sir.So [16] the transformers that askarels would be put in [17] transformers, for example, that would be in the [is] buildings, maybe in a basement of a building, for [19] example? [20] A: Yes, in a populated area, in factories, for [21] example. [22] Q: Then that transformer would generate a lot [23] of heat in the function of transforming the voltage [24] from the electrical lines so it could be used in the [25] building. I'm just trying to figure out why the need Page 27 [i] to put these askarels in the transformer. Was it to [2] -- why don't you tell me. 13] A: Yes, it's a matter of heat transfer. When [4] the thing is energized, a good deal of heat is [5] generated, and you have to get the heat out of the [6] system.lt is transferred through the liquid which [7] sometimes is circulated actually. The heat is [8] transferred out of the transformer by the liquid [9] through the metal wall of the trans former, and [io] sometimes to help cool it there will be fans directly in) on this at times. So it's a matter of heat transfer. [12] It is an insulation heat transfer application. [13] Q: So it was something that was put in the [14] transformers to help dissipate the heat that the [15] transformers generated when they function? [16] A: Correct. And it is an insulator, it does [17] not pass the electric current. [is] Q: Okay. So it's not like water that the [19] electricity could then -- would then transfer [20] through? [21] A: Exactly. [22] Q: Other than in the dielectric field, were [23] Aroclors used in industrial uses? [24] A: Yes. [25] Q: And just in general were the properties that Page 28 [l] made them suitable for the dielectric uses also the [2] same properties that made them suitable in some [3] industrial applications? [4] A: Yes,theirthermalstability,yes,heat[5]trans fer ability. [6] Q: So steel companies would use Aroclors? [7] A: In transformers. [8] Q: Would they use them in any presses, for [9] example, or in any equipment? [io] MR. CHAMBERS: Just for clarification, we are [ii] still talking about that 1947 time frame or [12] MR. ROEDER: That's correct, but we are just [13] talking general the different uses, I think, that [14] were made of the Aroclors. [is] MR. CHAMBERS: I guess I'm just confused about [16] whether you're talking about through the whole life [17] of the product or if there's a particular.period of [is] time you have in mind. Page 27 - Page 30 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [19] Q: (By Mr. Roeder) Let me rephrase the [20] question, maybe make it more precise. We talked [21] about the dielectric uses and in general when [22] Aroclors were used, and I'm talking about the [23] Aroclors with the PCB's in them. And they were used [24] in industrial applications. Would they be used for [25] lubrication, for example? Page 29 [1] A: There were applications of lubricants, yes. [2] Q: So those would be gears or parts of ma chine [3] that would generate a lot of heat and because of the [4] thermal stability ofthe Aroclors it could actually [5] lubricate the parts that it needed to lubricate [6] without breaking down? [7] A: That's the idea. [8] Q: It couldn't catch fire? [9] A: That's the idea. [10] Q: So it was a safe thing to use in those [ii] applications? [12] A: They were used as an extreme EPL, ex treme [13] pressure lubricant, for example. [14] Q: So in uses where there would be a lot of [15] force inside a system where other product may not be [16] able to withstand the forces of the -- withstand the [17] pressure, correct? [18] A: Yes, because you're relying on greater [19] stability rather than this. [20] Q: The greater stability of the additional [21] benzene rings, correct? [22] A: Was the base material, yes. You realize the [23] halogen, the chlorine, is where the fire resis tance [24] comes from. There's not many chemi cals, organic [25] chemicals that are fire resistant. The halogenated, Page 30 [i] chlorinated, or brominated are fire resistant. And [2] that pertains to their fire resistant, ali phatic, [3] organic materials, but other than the phosphates. [4j Q: Yes. [5] A: There are not very many -- there are no [6] really other fire resistant organic chemical [7] compounds. [8] Q: Okay. In the -- let's take your experience [9] then, sir, in the '40s. Let's move into the '50s. [10] Did you continue in the same position in the organic [ii] lab, or did your responsibilities change? [12] A: It changed, but let's not go quite so fast. [13) From '47 to, as you say, the early '50s I was in the [14] inorganic division but handling the organic chemicals [15] that were made and handled by the inorganic division. [16] Now we got that straight. My assignment was strictly [17] working with the nonelectrical applications. [18] Q: Okay, the hydraulic applications, for [19] example, that we talked about? [20] A: Yes, what you called earlier you said [21) industrial applications. That was my field of 122] activity versus the electrical industry, which was [23] the largest pan of the business. And the electrical [24] was handled by Dr. Jenkins, the director of research [25] at Anniston, 800 miles away. He handled this Gore & Perry 800 878-6750 STLCOPCB4024806 Tennessee Gas Pipeline Company v. Monsanto Company Page 31 [l] directly with the inventor of askarel dielectrics at [2] General Electric, Mr. Frank M. Clark. [31 Q: So how long did you have this application, 14] dien, in the hydraulic or the duties with re spect to [5] the hydraulic applications? [6] A: Until your question which I'm clarifying, I m would say 1953. [8i Q: What happened in 1953? Then how did your [9] job responsibilities change? uoi A: Okay. In 1953 the Aroclors, PCB's, if you [i H want to call it that, were transferred from the [12] inorganic division into -- [131 Q: The organic division? [14] A: The organic division. [i5i Q: Recognizing again that these compounds truly [i6] are organic compounds? [17] A: Right. [18] Q: And did your personal duties change? [19] A: Yes, I was asked to go along. [20] Q: So in the organic division did you have a [2ii change in job title? [22] A: No, I have always been a technical person. [23] Q: Did the development of new products that [24] used Aroclors accelerate in that time period? Were [25] there new products that were developed and Page 32 Hi distributed by Monsanto? [2] A: Monsanto did not develop any new uses. The [3] industry developed the uses. Monsanto pursued these [4] uses to understand them and to supply, manufacture, [5) and furnish the products, tine PCB's, that were [6] wanted. [7] Q: Let me see if I understand your testimony [8] then. Would it be the situation where an indus try [9] that had a particular problem, for example, would no] suggest that, perhaps, they could use an Aroclor in [ii] this use? [i2] A: Exactly. [13] Q: Would they then approach Monsanto and ask [i4] whether or not based upon your under standing of the [15] properties of your product this use would work? [16] A: Exactly. [17] Q: Would you be involved in those discus sions [is] then if there was a new application contemplated for [19] an Aroclor? [20] A: If requested. [21] Q: What additional uses do you recall Aroclors [22] being used for in this time frame? For example, we [23] got the dielectric was al ready being used at that [24] time, correct? [25] A: May I go back to where we were before you Page 33 li] got into this? [2] Q: Sure, if it helps you please do. 13] A: All right. So here we are 1953.1 believe [4] I said where the move was from the inorganic to the [5] organic division I went along. [6] Q: Yes. Gore & Perry 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignus September 14, 1995 [7] A: Now, Dr. Jenkins, the director of research [8] at Anniston who handled the electrical use directly [9] with the inventor and the controller of the patents, [ioj General Electric, he also was transferred out of the [ii] inorganic division into the organic division. [12] Q: Okay. [13] A: Now, at this relative point in time [i4] Dr. Jenkins no longer handled the electrical end of [15] the business. [16] Q: To whom did that responsibility -- [17] A: To me. [is] Q: It went to you, okay. So as of 1953 then? [19] A: To the end. [20] Q: You were then more focused on the di electric [2i] functions of the Aroclors? [22] A: Now you have the picture, yes. [23] Q: And was that consistent then through the [24] remainder of your tenure at Monsanto? [25] A: Right. I was no longer in the Page 34 [i] nonelectrical, and I was in the electrical end of the [2] business worldwide, from the stand point of [3] technology. [4] Q: So even though I take it from 1953 until -- [5] you retired in 1974, correct? [6] A: Yes. [7] Q: During that time period your job titles [8] changed, but essentially the function was pretty [9] similar; is that correct? [10] A: Yes, as a technical person. [11] Q: Okay. Now, with respect, sir, to your [ 12] technical expertise in the dielectric field, would [13] you periodically also make yourself aware of [14] different uses of the Aroclors in other fields? [15] A: No, my focus was electrical. [16] Q: I understand that's your focus. I'm just [it; saying would you also try to keep aware just for your [18] own purposes to know what other applications the [19] Aroclors would be used for? [20] A: I had no reason to, and I was trying to [21: answer your question here. I was aware of other [22] applications. I was copied on things, but I didn't [231 do anything. I did not function in the nonelectrical [24] -- my duties were changed to the electrical period. [25] Q: Well, as of the '50s and going into the Page 35 [l] '60s, however, you had hoped and expected that even [2] though your functions were in the dielectric area [3] that Monsanto would be able to develop its uses in [4] other areas so that the business itself would expand; [5] isn't that cor rect? [6] A: Why sure, wouldn't object to it. 17] Q: Right. Who did you report to in this time |8; frame? You were in -- let's just go to the time you [9] were in the organic division from '53 on? [10] A: From '53 on. [11] Q: Was there a manager or vice president 01 [12] boss of the division? Page 31 - Page 35 STLCOPCB4024807 Jt-aui (j. jbemgnus September 14, 1995 [13) A: Yes, okay. Of course there was a whole [14] organization chart, and I have been telling you my us) function was as a technical person. And in the [16] organization chart this list of managers you go from [i7j the general manager to the division on through the [is] line. Somewhere, I'm only trying to answer your [is>] question, along the line I would be on a line out [zo] here as a technical person regardless of who the [2i] man agers were. They changed a number of times, but I [22] still stayed and functioned as a technical person. [23] Q: Well, that's correct, but let's go backward [24] from right before your retirement and then work our [25] way backward. [1] A: Okay. Page 36 [2] Q: There is Mr. Bergen? 13] A: Yes. [4] Q: Howard Bergen,B-E-R-G-E-N,for the record. [5] What was Mr. Bergen's title? [6] A: He was the manager of the business group in [7] which PCB's was under. So at that station, Bergen, [8] he was a manager of this business group that had the [9] PCB's for the electrical and nonelectrical and had [io] other things. HU Q: Right, so he would be the senior executive [12] with respect to Aroclors? [13] A: Yes. [14] Q: And did you report directly to Mr.Bergen, [15] or were there any levels in between? [16] A: I reported to everybody that was inter ested. [17] Q: Okay. [is] A: Okay. You want to know who reported to [19] Bergen? [20] Q: There was a Mr. Gossage, correct? [21] A: Right. [22] Q: What was Gossage's responsibility or his [23] duties with respect to Mr. Bergen? Was he next in [24] command? [25] MR. CHAMBERS: Object to the extent you know Page 37 [1] what somebody else's responsibility was. [2] A: Assistant to Howard Bergen was really his [3] job, and Gossage was more directly connected with the [4j marketing people out in the districts, so on, so [5] forth, assisting Bergen with this. [6] Q: (By Mr. Roeder) So he was more on the sales [7] and marketing side but not in the techni cal side? [8] A: That's correct, correct. [9] Q: Who else, sir, would you deal with on a no] basis generally when you were involved toward the end [ii] of your tenure there, Mr. Johnson, Norman Johnson? [12] A: Norm Johnson was under Gossage. Norm [13] Johnson was directly over the district sales or [14] marketing managers out in the district, and they in [15] turn were in charge of the salesmen. So I knew Norm [i6] Johnson, but he wasn't in the technical end of the [17] business. Page 36 - Page 39 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company U81 Q: Right. Who would be your superior who you [19] would report to on the technical side or [20] A: I answered it. [21] Q: Besides, I understand, you know, reporting [22] in general, but, I mean, were you the senior person [23] on the technical side in the organic division toward [24] the end of your tenure of Monsanto? [25] A: I think we answered that already too. Page 38 [l] Dr. Jenkins, as we said back before, we are talking [2] now when he was in research, he handled the [3] electrical directly with Mr. Clark, inventor of the [4] dielectrics or General Electric. [5] Q: Right? [6] A: And the licensees were handled through this. [7] I took over Jenkins' activity. [8] Q: So as to the dielectrics area were you -- 19] you were the person who was the technical, had the no) technical expertise? [11] A: I'd have to say yes, you know, humbly, may [12] I. Yes, I was called Mr. Aroclor. U3] Q: There you go. I'll refer to you as Mr. [i4j Benignus, but there was a Dr. Richard, was there not? [15] A: Yes. [16] Q: What was his function? [17] A: He was a director of research for this [is] product group under Bergen, Bill Richard. Yes, I was [19] close to him and Ralph Munch. They were in research. (2oj Q: Were you grouped together in the same group [21] with Munch and Richard? [22] A: Well, they were under -- they were in the [23] business group under Bergen, you see. I was in the [24] business group under Bergen off here to this side of [25] the marketing hierarchy, and they were off to this Page 39 [1] side, if you will, and in the research. [2] Q: So they were doing the pure research? 13] A: Yes. [4] Q: If I could describe it if I understand it [5] correctly, your focus was in the dielectric area and [6] hopefully finding different applications for the [7] dielectric -- [8] A: No. [9] Q: What am I missing? [10] A: Following what was done in the industry. I [in already told you I don't know of anything Monsanto -- [12] we didn't make capacitors and transformers. [13] Q: So Westinghouse would talk to you and say we [14] think we might need a change in this area, how do you [15] think we can make the or get Aroclors that would help [i6] us with respect to this use? [17] A: Not likely. These things were well [i8j es tablished and a very important part as work. [19] Electrical industry was being active at the tech nical [20] organizations.The Americans Societyfor Testing and [21] Materials, this is where these Gore & Perry 800 878-6750 STLCOPCB4024808 Tennessee Gas Pipeline Company v. Monsanto Company products were [22] documented, specified Amer ican Society for Testing [23] and Materials. [24i Now, I was there from Monsanto's standpoint as a [25] manufacturer. We were the only pro ducer. GE, Page 40 [l] Westinghouse, and a lot of other people were in the [2] same technical committees as users of Monsanto's [3] product, all with a common inter est of setting [4] specifications and anything that was needed. And [5] this, before I leave that, was expanded worldwide. [6] And one time I was chairman of the dielectric -- [7] synthetic dielectric section of the Interna tional [8] Electric Technical Commission that met on behalf of [9] interests in these dielectrics worldwide to [10] standardize and agree on char acterizing, defining, [in and ruling the require ments of these dielectric [12] materials. [13] Q: From the period toward the end of your [14] tenure, sir? H5] A: Yes. [16] Q: From, say, '67 to '74,1 think you have [17] answered already, but I'm trying to make sure I [is] understand it, how would you describe your function? [19] I mean, if someone were to say to you what did you do [20] for Monsanto in that time period? [21] A: From '67 -- well, let me change it a little [22] bit. I'll start in the little bit before '67, say, [23] the mid '60s, May '65. [24] Q: Fair enough. [25] A: What we were talking about here, about my Page 41 [1] activity in committees there, I was very active [2] domestically and worldwide. Now, domesti cally [3] Monsanto was a civil producer world wide. We had [4] competition. The French pro duced it. The Germans [5] produced it. The Rus sians produced it. There was [6] some produced in Spain, and a point in time in this [7] frame the Japanese produced it. So to answer your [8] ques tion, my activities in this period of mid '60s [9] you said? [10] Q: Until your retirement? [11] A: Till retirement, all right. Much of it-was [12] world-wide outside of the states looking after our [13] business interests around the world, that's why I [14] traveled so much. Both from the stand point -- mainly [15] from the standpoint of tech nology, that son of [16] thing, not that I was out there trying to sell it. [17] Q: You were a liaison to international [is] organizations with respect to standards for [19] dielectric, correct? [20] A: Pan of the organization. [21] Q: And you were also interested in world wide [22] sales of Aroclors by Monsanto -- [23] A: Yes. [24] Q: -- as well, correct? [25] A: Because we had competition world-wide. Gore & Perrv 800 878-6750 Lawyer's Notes Min-U-Script Paul G. Benignus September 14, 1995 Page 42 [i] Q: Did any of the world -- any of the [2] representatives or employees of Monsanto in other [3] countries report to you? [4] A: No, they didn't report to me, but I [5] collab orated with them. They would take me around. [6] Q: And I take it through much of the, you know, [7] late '60s, early '70s, you did a fair amount of [8] traveling? [9] A: A good deal, yes. [10] Q: Europe,Australia? [ii] A: Yes, Scandinavia, Europe, Australia, Japan, [12] Canada, Mexico, Argentina, Brazil, you know, wherever [13] they used these dielectrics in trans formers and [14] capacitors. [15] Q: Why was it important to have standard ized [16] requirements for dielectrics? I mean, seems to have [ 17] taken up a large amount of your position at that [is] point in your career. I'm just curious as to why [19] this was important enough that you should devote so [20] much of your time? [21] A: The -- particularly in the manufacture of [22] capacitors this is a very critical technical [23] application. A capacitor, if you will, is a bomb. [24] Well, in the capacitor application there were three [25] main applications. One was in power line, on power Page 43 [1] lines to correct power, correct power factor, to put [2] in phase -- that portion of the power that was [3] generated to put it into a useful phase for operating [4] motors. Now, if you're going to use a power just to [5] energize a resistance like an iron, you know, or [6] meter, no problem. [7] Q: Because it didn't matter what level of [S] voltage -- [9] A: Exactly. [10] Q: -- or the power of surge -- [11] A: It didn't matter. The other application [ 12; that is large is in air conditioning. By law every [13] air conditioner has to have a capacitor. If you [14] didn't have capacitors in the air conditioners, you'd [is] be blowing up the utility because of the strain on [16] the system everything is air condi tioned. The other [17] big application was in fluo rescent ballast. And when [is] you start having fluorescent lights go out around the [19] country, the country can go dark and you got a lot of [20; problems so these were critical applications. [2i] Q: But so Monsanto had determined,and I [22] presume you had determined, it was important to have [23] international standards with respect to dielectric [24] fluids so that these critical appli cations would be [25] standardized? Page 44 ID A: Would be standardize across the board in [2] accordance with our practices, if you will, here in [3] the United States. That was essentially it. These [4] other countries had the same common interests.And, [5] well, how you answer a question yes or no here, I'm [6] trying to figure this out. m Q: I think you're doing fine. I'm just trying is; to understand the need to do that. I take it there [9] also would -- if the standardization were successful [io] then you would be able to sell your Page 40 - Page 44 STLCOPCB4024809 t-aui vj. ueiugnus September 14,1995 products.You [in would know what -- you know what standards your [12] product had to meet, correct? [13] A: Correct. And in effort to answer your [i4j question a little more, if you're a capacitor maker, [15] the core in the coil winding, which is kraft tissue [16] paper made under very clean condi tions with distilled [i7] water not ordinarily paper mill stuff and very pure [i8j aluminum foil, they're wound together on a machine. 119] The craft tissue is solid insulation. The aluminum [20] is a conductor. So that's wound up, and then it's [21] put into a metal can, aluminum can. That's your [22] capacitor. That's a capacitor. [23] But as simple as this thing sounds, there is [24] great concern about contamination of the dielec tric [25] material because if there is contamina tion, the thing Page 45 [l] can feed on itself and be a bomb and explode. [2j Now, for this reason, this operation of winding [3] core and the coil is done in a clean room, ladies [4] wearing clean, white cotton gloves, they run the [5] machine and they have a hood over their hair. The [6] air is conditioned for temperature and humidity which u) is important.And not only that, it's under positive [8] pressure to keep dirt and dust particles out. We are [9] talking about infinitesimal ionic impurities that you [10] can't isolate.You can't analyze it for them.You [11] can't pinpoint them. The only thing that you can 112] experience is adverse effect on power factor, and if [13] you'd like loss tangent, the electrical insulation [14] quality of the liquid. Now, you got this thing in a [15] metal container as we have already said as [16] transformers. The heat gener ated goes through the [17] fluid. That's why you got the fluid in there.lt [is] goes into the wall,and it comes out here. If so [19] much heat is gener ated here that the geometry, the [20) design of this thing, can't take it out anymore, you [21] got a bomb. [22] Q: Because the heat will get too intense, it [23] will cause the capacitor to rupture? [24] A: It will cause the thing to explode so it's a [25] critical application. Purity of the material Page 46 HI maintaining that and assurance of that is what it's [2] all about. And that is where I directed my [3] attention, if you will, protecting PCB's from the 14] ravages of our environment, our normal envi ronment as [5] we are here as versus later on you said in towards [6] the end of my time as service whether the [7] environmentalists came along and got upset about [8] wondering whether PCB's are contaminating the [9] environment. I wasn't in that area. I wasn't [ioj concerned with that. I was concerned with keeping, [11] maintaining, purity of the askarel dielectrics. But [12] as you already alluded, I was there, and I got copies [13] of things in general. I pretty well knew what was [14] going on that they had found it in the sea eagle, et us] cetera, you know, all this. [16] Q: In fact, if I paraphrase it, then, of the -- [17] you were making the world safer for PCB's in stead of [18] making PCB's safe for the world? [i9] A: I think that's right. Okay. Page 45 - Page 48 Lawyer's Notes Min-U-Script Tennessee Gas Pipeline Company v. Monsanto Company [20] MR. CHAMBERS: I'll object to the form of that [2i] but -- [22] (Recess) [23] Q: (By Mr. Roeder) Mr.Benignus, you had [24] spoken earlier about the environmentalists and when [25] you became aware the term PCB's in that respect and Page 47 [l] environmental concerns. You fust became aware of [2j that in the late, I should say, '67,1968 area time [3] frame, correct? [4] A: Correct. [5] Q: How did you become aware of that, those [6] concerns with respect to PCB's? [7] A: I was copied in on a memo from David Wood [8] who was located in London in Britain. We [9] manufactured PCB's in Wales, which essen tially is no] Britain. That's where I heard it. [11] Q: Did Mr. Wood report to you or report of a [12] memo -- [13] A: No. [14] Q: -- concerning the studies that had been done [15] in Sweden? [16] A: He didn't report to me at all. [17] Q: I didn't mean it to be in a reporting [is] relationship. I mean, did the memo you were copied [19] on in, in on, discuss the research that had been done [20] in Sweden? [21] A: Yes. ' [22] Q: I apologize, I didn't mean it to have -- [23] that's improper. [24] MR. CHAMBERS: Just to help, because I agree I [25] think it may help if we wait just a minute until you Page 48 in have a full chance to ask the entire question you [2] want to ask. 131 MR. ROEDER: Sure. Sometimes my questions come [4] out slow. [5] MR. CHAMBERS: Mine do too, that's why I'm very [6] sympathetic with that. [7] MR. ROEDER: We've got the next exhibit will be [8] 75. [91 (Plaintiff's Deposition Exhibit No. 75 [ioi marked for identification) Hi] Q: (By Mr. Roeder) I'm showing you what has [12] been marked as Plaintiff's Exhibit 75, and it is a [13] memo dated the 26th of January, 1967 bearing Bates [14] number TRAN-56621 through 5623, and it's authored, I [15] believe, by D. Wood. Is this the memorandum that you [i6j discussed you were copied in on? [17] A: Yes. [is] Q: What was your response when you got this [19] memo, what did you think? [20] A: I didn't have any. [21] Q: Were you concerned about what effect, if [22] any, this could have on further uses of PCB's? [23] A: No. [24] Q: Did Mr. Wood report any concerns that were [25] being raised in your and specifically in Sweden Gore & Perry 800 878-6750 STLCOPCB4024810 Tennessee Gas Pipeline Company v. Monsanto Company Page 49 [i] concerning the appearance of PCB's in -- let me (2) strike that question. Let me go back and set a (3) further foundation. The research that Mr. Wood (4] reports in this memorandum relates to a Swedish [5] newspaper article referring to the identification and [6] nature of polychlorinated biphenyls, correct? 17] A: Correct. [8) Q: And the researcher who performed this [9] research was a chemist named JensensJ-E-N-S-EN-S? [io] A: Correct. Hi] Q: And upon the publication of this newspa per [12] article relating to Dr. Jensens' research, was there [13] a concern that Mr. Wood shared with you and with [14] others concerning public ity that this research was [15] receiving? Ii6] A: I read that. [17] Q: The memorandum talks about it, correct? [is] A: Correct. [i9] Q: Looking down the line, did you see or were [20] you concerned that this could effect business of [2i] Monsanto in this area? [22] A: Well, yes,because this implication here [23] that that might -- it talks about toxicology, and was [24] a man qualified to assess this is what's being asked [25] or pointed out. Page 50 [i] Q: The question whether or not that Dr. Jen sens [2] was qualified to suggest that these things may be [3] toxic? [4] A: Yes, and so publicized in the newspaper. 15] Q: Well, the very least Mr. Wood seems to [6] suggest that Dr.Jensens did not have an "ax to [7] grind;" isn't that correct? [8] MR. CHAMBERS: Let me object to the form because [9] I don't see the phrase "ax to grind" anywhere here in [ioj the document which says what it says. |ii] Q: (ByMr.Roeder)Itdoessaywhatitsays.[i2] I was just trying to see if I could "cut to the heart [13] of it." Let me rephrase the question then. [i4] Mr. Wood reports in his memorandum, "Jensens' only [15] aim in life as an analytical chemist was to identify [16] the substances found in his re search work on the [i7] occurrence of insecti cides and nature." Do you see [is] that's on the first page? [19] A: Yes. [20] Q: Did you form an opinion based upon this [21] memorandum that Dr. Jensens wasn't out to get PCB's [22] as such, he was just trying to do research as pure (23] researcher? [24] A: I didn't form any opinion at all, but, yes. [25] Q: What did you do in this time frame in Page 51 [l] response of this memorandum? Were there meetings [2] that were called to discuss it? [3] A: I did nothing. [4] Q: You were listed as a carbon copy recipient 15) along with Dr. Kelly and R.A. Steenrod, cor rect? Gore & Perry 800 878-6750 Lawyer's Notes Min-U-S criptCi Paul G. Benignus September 14, 1995 [6] A: Yes. [7] Q: I understand that Dr. Kelly just died? [8] A: Yes. [9] Q: You were the only three in St. Louis who [10] were, in addition to Mr. Buchanan, who re ceived [ii] copies of this memorandum? [12] A: Yes. [13] Q: Who is Mr. Buchanan? [14] A: Buchanan reported to -- I'm trying to figure [15] the time frame. Well, Buchanan, '67 -- Buchanan -- [16] let me say diat he was at the head of the fluids [17] group which is the group we are talking about. [18] Q: Okay. So at that point he was -- did lie [ 19 take -- did Mr. Bergen take his position later? [20] A: This is what's got me hung up. Did he take [21] one way or another -- let's just say at the moment [22] let's say he reported to Bergen, and I'm not [23] absolutely sure that that was -- let's put it that [24] way. It's no great point. [25] Q: In any event, he was someone that would Page 52 [ij report to? [2] A: Correct. [3] Q: All right. Now, after this point, sir, this [4] is 26th of January, 1967, were there any visits that 15] you know of that were scheduled or made by Monsanto [6] individuals to Dr.Jensens? m A: No, I was not in that. [8] Q: You were not in it, but do you know if Dr. [9] Richard, for example, ever visited Dr. Jensens? [10] A: I don't know. Hi] Q: This was the first of the "bad" publicity [ 12] pieces, as it were, with respect to PCB's, wasn't it, [13] the arncles published in Sweden? [14] A: I appreciate what you're saying, bad in [15 quotes. This was something nobody ever heard of [i6] before so howbad is it. I don't think Iconco -- I [i7] believe I understand you. [18] Q: Well, subsequent to the publication of [19: arncles concerning Dr.Jensens' research in Swe den, [20] there were articles that were published in American [21] newspapers and periodicals re garding PCB's,; isn't [22] that correct? [23] A: Correct. [24] Q: And, for example, there was an article that [25] was published regarding Dr. Riceborough s research in* [l] * * * 5 6 * * * * 11 12 Page 53 [l] San Francisco? 12] A: Correct. 13] Q: And Dr. Riceborough was a researcher from [4] University of California, correct? [5] A: I think so. [6] Q: What he found, if I understand it, tell me r. if this is what you understood, is that diere was -- 18] is evidence of PCB's in fish diat were caught? 19] A: Yes. [ioj Q: What did diis suggest to you as a chemist [11] concerning the existence of these PCB's? F01 [12] example, did it suggest diat the PCB's did no; Page 49 - Page 53 STLCOPCB4024811 Paul G. Benignus September 14, 1995 break [13] down easily in nature or certain PCB's formulations [14] did not break down easily in nature? [15] MR. CHAMBERS: Let me object to the form just [16] for a second. I'm not trying to stop you from where \ii] you're going. Maybe if we go one question at a time us) instead of with a compound approach. [19] MR. ROEDER: Sure, I agree with it. Let me [20] rephrase the question. 121] Q: (By Mr. Roeder) Did the existence or the [22] reporting of PCB's in fish, for example, that Dr. [23] Riceborough reported, did that suggest to you that [24] the PCB's that were admitted in the environment were [25) not breaking down natu rally? Page 54 [1] A: That would suggest that, yes. [2] Q: And at this point in 1967 the research as to 13] -- how advanced did the research go on with respect [4j to the effect of PCB on environment? [5] A: Would you repeat the question? [6] Q: Sure. It's an inartfully phrased question. [7] Let me -- I'll just go at it a different way. [8] MR. CHAMBERS: Just before you do -- [9] Q: (By Mr. Roeder) I withdraw the question, no] MR. CHAMBERS: I'd just like to clarify that I [11] think Riceborough's work was with birds rather than [12] with fish. There may have been some other [13] researchers who worked with fish. But if you got [14] something that can clarify that part, maybe it may be [is] helpful. [16] MR. ROEDER: We will. I think that's correct. [17] If it's not, we will correct it as we go through the [is] documents. I'm not trying to mislead the witness. [19] MR. CHAMBERS: Fine. [20] Q: (By Mr. Roeder) In 1967 -- then in later in [21 ] 1968 there was a report ofaJapanese incident with [22] PCB's, correct? [23] A: Correct. [24] Q: And what was involved in that if you [25] understood it? Page 55 [1] A: You're referring to the Yoshu incident? [2] Q: Spell that for the court reporter. [3] A: Y-O-S-H-U, Yoshu Province. What's your [4] question? [5] Q: What happened, what do you understand [6] happened there that caused publication? m A: The Japanese manufactured we will call it [8] PCB's, and at this situation it was used in a heat [9] exchanger as a direct -- indirect, indirect means for [10] heating rice oil in which the Jap anese people would [it] cook fish. They're big consumers of fish. There was [12] difficult)7 with this heater, and there was leakage, [13] and the PCB's got into it. And I want to emphasize [14] this is not normal PCB, this is partially pyrolysized [ i5j PCB, which is material that's more a toxic and people [16] got sick. This was the end of the Japanese PCB [17] manufacture. [is] Q: When you say partially pyrolysized, what [19] does that mean? Page 54 - Page 57 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [20] A: It was injured, broken down, overheated. [21] Q: I see. So even though -- [22] A: Damaged. [23] Q: Even though it has great thermo stability, [24] it gotten hot enough so some of thermo stability was [25] lost? Page 56 [1] A: Exactly, the temperature was exceeded. It [2] was in heat transfer, you know, is pretty well what [3] happened. It overheated in simple terms. This was [4] not normal PCB is my point. [5] Q: Was it normal PCB's before it was heated? [6] A: Correct. [7] Q: And it got heated too hot? [8] A: Correct. [9] Q: Then as a result of that it became even more [io] toxic? [u] A: Correct. [12] (Plaintiff's Deposition Exhibit No. 76 U3] marked for identification) [14] Q: (By Mr. Roeder) Sir, I'm showing you what's [i5] been marked as Exhibit 76, and that is a document [i6] dated December 4, 1968, bears Bates numbers [n] TRAN-57423.Take a moment to look at that for a [is] second. [19] A: Okay. [20] Q: Okay. There is a handwritten portion at the [21] bottom of this memorandum, isn't there? [22] A: Yes. [23] Q: Is that your handwriting? [24] A: Yes. [25] Q: Tell me if I read it correcdy. It says,[l] * * 4 5 6 7 8 * 10 Page 57 [l] "Why the stainless pipe? It is known that only a few [2] parts per million or -- 13] A: Less. [4] Q: -- less of chloride ions plus traces of -- [5] A: Moisture. [6] Q: -- moisture can -- [7] A: Cause. [8] Q: -- cause stress, corrosion (cracking) of [9] stainless steel --" maybe you should read it? [10] A: "Of stainless steel under thermo and [in mechanical strain." The three things, the chlor ide [12] ion in very small amount, but at high temperature and [13] moisture in stainless steel can correct stainless [i4] steel piping, stress cor rosion, that's what I'm [15] talking about. I was amazed the heat exchanger had [16] stainless steel pipe, that's what I'm saying here, [17] couldn't believe it. [is] Q: What pipe should they have used? [19] A: Iron. [20] Q: Not stainless steel? [21] A: Right. [22] Q: Could you read the rest of your handwrit ing [23] here? [24] A: "Special -- [25] Q: I think we are starting at "Any". Gore & Perry 800 878-6750 STLCOPCB4024812 Tennessee Gas Pipeline Company v. Monsanto Company Page 58 [i] MR. CHAMBERS: I think the next sentence starts [2] at "Any". [3] A: Okay. "Any Aroclor heating system will [4j provide the factors needed to have stress corro sion [5] in stainless steel." 16] Q: This simply says what you just said, [7] cor rect? 18] A: Right. [9j Q: Could you please continue? [io] A: "Special equipment is always required when [in using stainless steel with Aroclor heat ing. [12] Experience as the above can be very harmful to our [13] Aroclor business." [14] Q: So in this respect, now, you had formed an [15] opinion that this type of publicity and this type of [16] use could harm the business that you're hoping to [17] develop? [18] A: Uh-huh. [19] Q: Is that yes? [20] A: Yes. [21] Q: Now, did Monsanto suggest or have any sort [22] of instructions, labels, etc., at this time that [23] would insure that the users of the Aroclors not use [24] the Aroclors in stainless steel -- let me rephrase [25] the question. Did Monsanto take any steps during Page 59 [1] this time period to let users of its Aroclors know [2] that they should use stainless steel sys tems that [3] would be heated with respect to the Aroclors? [4] MR. CHAMBERS: If you know. 15] A: I wasn't in that end of the business. I [6] don't know. [7] Q: Okay. Did you -- strike that. At this time [8] you were involved as well in the international [9] business with respect to the Aroclors? [10] A: Yes. [11] Q: And so the publicity in Japan was [12] par ticularly important to you with respect to your [13] job, correct? [14] A: You're right. [15] Q: Who was MMK, and I'm referring to the very [16] first line of memorandum that says, "MMK has just in] issued market plan for Santotherm in Japan"? [is] A: Yes, MMK, Monsanto/Mitsubishi, I think [i9] that's what that refers to. 120] Q: That's agreement for venture between [21] Monsanto and Mitsubishi and Japan? [22] A: Correct. [23] Q: So it is fair to say that Monsanto and [24] Mitsubishi in Japan were going to market Santotherm [25] in Japan, which would be a prod uct which had PCB's? HI A: We had built a plant. Page 60 [2] Q: You already built a plant? [3] A: Yes. [4] Q: Ready to go? [5] A: Right. Gore & Perry 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignus September 14, 1995 [6] Q: At this point the Japanese government then [7] put the caboche on the plant, as it were? [8] A: Right. [9] Q: So that was it, the Japanese government as a [io] result of this prohibited use of PCB's in all of [in Japan, correct? [12] A: That's right. [13] Q: What did they do in Japan for dielectric [14] uses? [15] A: Well, we are talking about capacitor.They [16] weren't using it in transformers as they did here, [i7j but they did use it in capacitors, and that's [18] essential application. Now, they went to other [19] materials and no doubt combustible materials. I [20] doubt they went back to mineral oil. I didn't pursue [21] it anymore. It was over with in Japan. [22] Q: So since the market was eliminated in Japan [23] it wasn't worth any more of your time to pursue [24] alternative -- [25] A: I did not pursue it. Page 6', [1] Q: All right. Now, the memorandum of De cember [2] 4, 1968 from Mr. D. A. Olson to W.R. Richard also [3] refers to a meeting with Calandra. Do you see that [4] on the second, third paragraph in the memorandum? [51 A: Yes. [6] Q: Who's Calandra? [7] A: I asked the same question, and I now know [8] just from yesterday. Calandra, I think, was a [9] testing laboratory in the biological end of things. [10] Q: Is it Dr. Joe Calandra for bio-test? [11] A: Yes. [12] Q: So he was the guy that Monsanto hired to do [13] some of the PCB's tests? [14] A: Yes. [15] MR. CHAMBERS: It may help for me to clar ify [i6] here that we took -- that Mr. Roeder sent a list of [17] documents to us a couple of days ago that he might [is] refer to or ask Mr. Benignus about. We spent some [i9] time yesterday looking through those documents, and [20] it is in that context that Mr. Benignus saw Dr. [21] Calandra's name. That's what he refers to in his [22] testi mony. [23] Q: (By Mr. Roeder) That's fine. But you knew. [24] didn't you,as well,sir, that Monsanto was then [25] conducting or considering conducting addi tional* 2 * 4 5 * * * * * * 2 Page 62 HI research on the biological effects of PCB's? [2] A: I accept your statement, yes. I didn't -- 1 [3] wasn't active in that area at all, but I accept what [4] you're saying. [5] Q: Okay. The next paragraph in this memoran dum [6] says, "We should carefully evaluate whether there is [7] a significant risk in selling Therminol in food [8] applications and what guidelines should be used." Do [9] you see thai? no] A: Yes. nil Q: Did you discuss any risks with respect v [i2] selling Therminol in food applications?' Page 58 - Page 62 STLCOPCB4024813 Paul G. Benignus September 14, 1995 U3] A: No. [M] Q: And the term, "Therminol," is another trade [15] name for one of the Aroclors, correct? [i6] A: Yes. [17] Q: But it would be Aroclor that had PCB's in [is] it, correct? [19] A: Right, yes. [20] Q: In this respect, sir -- not in this respect. [21] There was some discussion -- strike that. Let me [22] rephrase the question. Had you ever sug gested that [23] Aroclors should be used for other applications other [24] than in the dielectric field? [25]A: We have already covered that. I spent from Page 63 [l] 1947 to 1953 exclusively in the nonelectrical, but we [2] did not invent or instigate new appli cations at [3] Monsanto that I know of. [4] (Plaintiff's Deposition Exhibit No. 77 [5] marked for identification) 16] Q: (By Mr. Roeder) Here, sir, I'm showing you [7] what's been marked as Exhibit 77. [8] A: Yes. [9] Q: It's a memorandum to P.G.Benignus, which is [io] you, correct? [11] A: Right. [12] Q: FromL.V.SherwooddatedAugust30,1957 and U3] bears Bates numbers TRAN-53674 to 53675, and it [hi relates to a P.G.B. sales informa tion bulletin [i5] regarding Aroclors as agriculture chemicals? [16] A: Yes. [17] Q: You want to take a moment to review that, [18] sir? [19] A: Okay. [20] Q: Okay. This is a memorandum that [2i] Mr. Sherwood wrote to you concerning a recom mended [22] use for Aroclor which had not been approved by the [23] USDA or FDA, correct? [24] A: That's what it says. [25] Q: And the proposal in sales bulletin was to Page 64 [i] use Aroclor to increase the insecticidal life of the [2] lindane which is a pesticide, right? [3] A: To call this a sales bulletin is a bit [4] strange. Sure, what I gather was a lawyer at [5] Monsanto. I didn't know him. It sounds as though he [6] is. [7] Q: Do you know if it's -- he is a lawyer or [8] not, sir? [9] A: I don't know the man. I did know him, but I [io] can't place him now. But I assume he is in-house uu lawyer. He is learned. He is correct. What he [i2j needs to do is talk to the USDA, Food and Drug [13] Administration about this. We didn't devise this 114] brochure. That wras the govern ment thing. [15] Q: Well, the reference is -- [16] A: And neither did we promote it, and neither [17] was it ever used. [is] Q: Well, the reference on the memorandum is [19] "P.G.B.," which is you, correct? [20] A: Yes, Page 63 - Page 66 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [21] Q: "Sales information bulletin 8-27-57 OD 1149, [22] 'Aroclors as Agricultural Chemicals,"' correct? [23] A: Yes, correct. [24] Q: And Mr. Sherwood here is concerned that [25] you're recommending without restriction the use for Page 65 m Aroclor which had not been approved by USDA or FDA, [2] correct? [3] A: That's why I should say you should talk to [4] USDA and FDA. Now, sales information bulle tin maybe [5] -- see, I was in the sales.This is 1957. [6] Q: I appreciate it. It's some time ago. [7] A: I was in the sales -- associated with the [8] sales department. What I was doing is notifying [9] people in our sales department of evidently whatever [io] this thing was, "Aroclor used to increase [ii] insecticidal life of lindane," which was published by [12] the Department of Agricul ture or something and making [13] them aware of it without knowing everything that Mr. [14] Sher wood refers to. And all I say about it is it was [i5[ never used, and his point's well taken. [16] Q: Out of the reams of information that had [17] been exchanged between the parties, I don't think we [is] have got the P.G.B. sales information bulletin. [19] MR. CHAMBERS: I'll look into that because we [20] would not have failed to provide that to you for any [2ij particular reason. [22] MR. ROEDER: The only reason, and perhaps we do [23] have it, I don't know, but I know the computer runs [24] and printouts it didn't show up. [25] MR. CHAMBERS: I understand. We will try to Page 66 [i] direct it to you if we already produced it. [2j Q: (By Mr. Roeder) But let me just see if [3] there is some -- Mr. Sherwood indicates, for example, [4] that -- let me go back and rephrase the question. [5] Apparently the use here is to mix Aroclors with [6] lindanes so that they would last longer, correct? [7] A: As a sticker, yes. [8] Q: So it would stick on something it was [9] sprayed on? [10] A: This is correct. [11] Q: There is a postscript on the second page, [12] sir? [13] A: Yes, I read that. [14] Q: Which says, "We repeatedly find that users US] of formulations prepared for a specific use will [16] apply the material for other uses." Do you agree [17] with that? [is] A: It can be. [19] Q: Okay. At least you don't recall disagreeing [20] with that statement in this memorandum? [21] A: I can't refute this statement. [22] Q: And it continues: "In other words, even [231 though Monsanto may encourage the use of Aroclor in [24] pesticide formulations for non agriculture use, you [25] can rest assured that some of it will be used on Gore & Perry 800 878-6750 STLCOPCB4024814 Tennessee Gas Pipeline Company v. Monsanto Company Page 67 U1 agriculture commodities"? [2] A: Wait a minute, now, I don't knowr that I [31 agree with that philosophy.That almost leads you to [4] say it can be used for everything. 15] Q: Or if it's not clearly marked as to what its [6] uses and limitations are, people will use it in ways [7] it will violate the intended uses of the product, [8] correct? [9] A: I think that's what he is saying. [ioj Q: He continues, "For these reasons alone it is [ill strongly recommended that we state very specifically p2] and any Monsanto literature, in cluding [i3j correspondence, that Aroclorsnotbe used on [i4i agriculture commodities." Then he says, "I believe [151 our legal department will confirm that there is an [i6) important legal aspect involved," that's what that [17] says, correct? [is) A: That's why I think he is a lawyer at [191 Monsanto. [20] Q: Well, would you think that if a lawyer, he [21] would say in my legal opinion we shouldn't do it. [22] Because it suggests, does it not, sir, that someone 1231 should confirm with the legal de partment? [24] A: I believe what you said is right. Nothing [25] came of it. It wasn't used, but that did come up. . Page 68 ID Monsanto did not generate this thing,but I did pass [2] it along as an information bulletin so that our [31 people in the district, if it came to their [4) attention, they would have heard of it. That was my [5] purpose. And this man points out some valid points [6] regarding it. And PCB's, to my knowledge, were never [7) used on any agricul ture application. So I agree with [8] him on that. [91 (Plaintiffs Deposition Exhibit No. 78 [io] marked for identification) Hi] Q: (By Mr. Roeder) Sir, the court reporter has li2] marked as Plaintiff's Exhibit 78 a memoran dum dated [13] December 9,1968 from W.R. Rich ard to E. Wheeler, and [i4j it has a number on the bottom, TRAN,T-R-A-N, 57342. H5i (Discussion held off the record) [i6] Q: (By Mr. Roeder) Sir, Exhibit No. 78 is a [17] document that you were sent a copy of. You're listed [18] as recipient, all right? [19] A: Okay. [20j Q: If you note -- if you compare Exhibit 78 to [2i] 76, which was the memorandum regarding the Japanese [22] incident -- [23] A: Yes. [24] Q: -- they happen -- they're dated very close [25] in time, if you could just confirm that, the exhibit Page 69 m prior to that one, sir? [2] A: Yes, okay. 13] Q: So Exhibit 76 was dated December 4,1968, [4i and that's the -- when you have your hand written [5] notations? [6] A: Okay. Gore & Perry 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignus September 14, 1995 [7] Q: That's December 9, five days later. Do you [8] recall there being meetings concerning toxic ity with [9] respect to these issues toward the end of 1968 that [io] you attended? [in A: Not that I attended. [12] Q: Well, Mr. Richard, he was the Dr. Richard [13] that you referred to earlier? [14] A: Yes, head of the research on the PCB's. [15] Q: In fact, isn't he the inventor of some of [i6j the equipment that was ultimately used to deter mine [17] that PCB's are actually found in concen trations that [is] were -- [19] A: You got it a little bit wrong. It was [20] Ralph, Dr. Munch that did this. [21] Q: Oh, Dr. Munch did that? [22] A: Yes. And he was the first to in a crude way [23] to apply vapor phase chromatology in a crude way. It [24] was not at all sophisticated enough t< pursue what [25] they're getting into here, aru. you can see that it's Page 70 [l] -- this is calling for mass spectrograph in [2; combination with advanced designs of vapor phase, [3] chromatic graphic columns, etc., etc. But he was an [4] early observer of that vapor phase chromatology. [5] Q: My question, next question, could you just [6] son of break that down for the, what's the word I [7] want to use, the nontechnical people like me? When [8] they did these chromatogra phy, what in laymen's terms [9] did they do to determine the PCB's were there? [10] A: This is a very complex, analytical subject [11] I'd like to answer it hopefully to your satisfac tion [12] by saying highly sophisticated, analytical technology [i3l and two different types of instru mentation used in [14] combination are now re quired to move on and see [15] whether people you were talking about like Jensens (i6) and oth ers, whether, in deed, they had PCB to begin n?] with. So this opened up some very sophisticated. [18] analytical technology that was beginning to come [i9] along because of this. Is that okay? [20] Q: That's good enough for me. [21] A: Okay. [22] Q: I went to law school because there was no [23] math. [24] (Discussion held off the record) [25] Q: (By Mr. Roeder) The memorandum frorr Mr. Page 71 [i] Richard to Elmer Wheeler, Dr. Wheeler, talk> about a [2] meeting of 12/6/68, and he suggests that the issue on [3] Aroclor toxicity are compli cated, and he sets forth \4) written program ob jectives. Do you see that? [5] A: Yes. [6] Q: Did you ever suggest to Mr. Richard any n changes in the program objectives that he was [8] following? 19] A: No. [io] (Plaintiff's Deposition Exhibit No. 79 [ii] marked for identification) Page 67 - Page 71 STLCOPCB4024815 Paul G. Benignus September 14, 1995 U2i Q: (By Mr. Roeder) I'm showing you Exhibit 79, [13] Plaintiff's 79, which is another memoran dum from [M] Dr. Richard to Ralph Munch to you, J. Bryant, J. [i5j Herber, J. Sullivan, Q. Thompson, and R. Weiss. And [16] for the record it bears number TRAN-57681 through [17] 57682. [is] Q: Okay. All right. The title of the [19] memo randum is, "Defense of Aroclor." You received a [20] copy of this memorandum, correct? [21] A: Yes. [22] Q: Did you understand as of December 1968 that [23] there was potentially a defense Aroclor to be made? [24] A: I wouldn't use the word "defense" to begin [25] with, but that's a word Bill Richard picked up. What Page 72 [l] he is talking about that now there is evidence that [2] research has been befallen with various good deal of [3] things that nobody knew about to investigate and look [4] into, and this costs money and time. [5] Q: I appreciate that. [6] A: And Richard is trying, in my opinion, using [7] the word "defense" trying to impress people that this [8] is something that could be, I think it says, "We may ]9] find that Aroclor is safe and has been misidentified [io] in the environment. " Well, it didn't know if it was [ii] safe or the complaints were valid, you know. Nobody [i2j understood what was going on. But Bill saw there U3l would have to be investigative work done, and this [i4] costs time and this costs money, and he used this [15] word "defense" maybe to emphasize this. In other [16] words, that's just that. I don't know why he said [17] "in defense." He's saying we got to look at this [is] stuff. We don't understand it. It's going to have [19] to be looked at. And maybe we will find no problem, [20] maybe they'll find there is a problem. This is tenor [2i] of things. It really gets into all kinds of stuff. [22] I myself would not -- you know, who knew lawyers were [23] going to look at this, you know [24] (Discussion held off the record) [25] Q: But in any event, sir, back on the record, Page 73 [l] you don't recall disputing the choice of that word [2] with Dr. Richard at the time, do you? [3] A: I didn't do anything. [4] Q: The toxicity defense which is referenced in [5] paragraph one says, "Toxicity defense, Callandra to [6] determine safe level of exposure on long-term basis [7] in ppm -- " parts per mil lion? [8] A: Parts per million. [9] Q: "-- by feeding studies"? U0] A: Correct. [ii] Q: That's Callandra we discussed a little while [12] ago, right? U3] A: Yes. [14] Q: Two, "Is chlorinated biphenyl identified in [15] environment? Do chicken work and compare with what [i6] is being found and reported as Page 72 - Page 75 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company PCB's." Do you know [17] what he means by "chicken work"? [18] A: With chickens. [19] Q: See whether or not PCB's show up in chickens [20] and things like that? [21] A: Yes. [22] Q: There is something I certainly do not [23] understand, paragraph 6. Perhaps you can help me. [24] "Seek replacement derivatives which are dif ferent, [25] less toxic, but which use our plants." Then there is Page 74 [1] two zeros with lines drawn through them, and then [2] arrow 00-CLX. What is zeros that looks like knots, [3i as it were? [4] A: I don't understand it any better than you do [5j but -- [6] Q: That's fine then. Now, the next page, sir, [7] pan of the defense of Aroclor, Dr. Richard sug gests [8] that you enter the business for solid insulation by [9] buying into capital? [10] A: Now I do understand it. [iij Q: Okay. [12] A: But it's not important. [13] Q: These are related benzene rings? [14] A: Yes, that's what these things are as ben zene [15] rings, and the "CL" is chlorine to "X" amount. [16] Q: "X" being a variable? [17] A: "BR," bromine and fluorine, I guess. [18] Q: So these would be chemicals? [19] A: And sulfur. [20] Q: That's representations of how chemical [21] compounds would be constructed? [22] A: Those are benzene rings, you answered it. [23] Q: I'm guessing, wild guess. [24] A: Well, you're right. [25] (Plaintiff's Deposition Exhibit No. 80 Page 75 li] marked for identification) [2] Q: On paragraph 9 on page 2 for the defense of [3] Aroclors Dr. Richard suggests that we enter the [4i business for solid insulation by buying into capital [5] Polyethylen, Polypropylene, Polysty rene for film' [6] production. What does that mean? [7] MR. CHAMBERS: Let me objectto the form to the [8] extent we are asking Mr. Benignus to speculate about [9] the meaning of words that somebody else used. no] Q: (By Mr. Roeder) Do you know' what he meant? [11] A: Yes. [12] Q: What did he mean as you understood it? [13] A: Talks about insulation so it's referring to [14] electrical insulation. Should we buy into a plant [15] making solid insulation versus liquid insulation and [16) one of the ultimate outlets that evolved as of the [ivj day they don't use liquid insulation in the ]i8] applications of some of the Gore & Perry 800 878-6750 STLCOPCB4024816 Tennessee Gas Pipeline Company v. Monsanto Company capacitors, they indeed [19] use solid insulation. So early on, and these are all [20] things dielectric -- solid dielectric films, they're [21] insulators. Should we start making solid insulation, [22] well, that's way ahead where we were going to be or [23] doing anything, but people at this time were thinking [24] where do we go, what is this. [25] Q: If we want to stay in the business, what do Page 76 [i] we do? [2] A: Yes, what do we do exactly. And it's way [3] ahead of everything, and we never did get into any of [4] this, but as oftoday there is, indeed, solid [5] insulation instead of liquid. [6] Q: Exhibit 80, sir, for the record that's a [7] memorandum from Elmer Wheeler to D.A. Olson? [8] A: Yes. [9] Q: Bearing Bates number TRAN-6445 through 6447, [io] and you are shown as a carbon copy recipient, tii] correct? [12] A: Yes. [13] Q: This was a memorandum from Dr. Wheeler to [Hj Mr. Olson also with respect to the Japanese incident, [15] right? [16] A: Yes. [17] Q: Now, in paragraph number 2 on page 1 it [is] indicates, "There are no regulations concern ing the [i9] Aroclors in applications where there might be oral [20] ingestion of these materials." That was correct as [2p of that time, correct? [22] A: Yes, I assume so. [23] Q: And they also indicate, "There have been no [24] applications in the pesticides field where the U.S. [25] Department of Agriculture would have to be Page 77 ID consulted?" [2] A: Yes, correct. 13] Q: Finally, "In the absence of prospective uses [4] which would require such governmental clearances, [5] there has been no incentive to undertake the [6] extensive animal toxicity stud ies which would provide [7] data necessary for establishing a human diet [8] tolerance," right? [9] A: Right. [10] Q: So as of this point. Dr. Wheeler is [ii] sup porting to you and to Mr. Olson that there just [12] hadn't been an incentive to determine how toxic this [13] could be, what the tolerance humans had with respect [H] to Aroclors; is that correct? [15] A: People weren't suppose to eat it. [16] Q: Right. Sir, it wasn't intended to be eaten? [17] A: It wasn't intended to be eaten. [is] Q: Was there any consideration -- strike that. [19] Was this the first time, around this time when [20] consideration was being given to whether or not the [2i] Aroclors would show up in the food chain even though [22] it wasn't intended for people to eat Aroclor? [23] A: I don't know, but I can't say anything [24j opposite it brought up attention in Yoshu when Gore & Perry 800 878-6750 Lawyer's Notes Min-U-Script Paul G. Benignus September 14, 1995 it got [25] into the food. But as I told you, it wasn't normal Page 78 [1] Aroclor, it wasn't normal PCB. [2] Q: Right, but the Aroclors or PCB's that showed [3] up in the fish samples and in the birds, that could [4] result in the food chain as well; isn't that correct? [5] A: Yes, yes. [6] Q: That would be because the PCB's would (~; persist in the animal tissue and people would ingest [8] it when they ate the fish or birds or whatever, [9] correct? [io] A: There would be parts per million or found [ill parts per billion, you know, in fish, and we have it [12] now in me, I know you too. [13] (Plaintiff's Deposition Exhibit No. 81 [Hj marked for identification) [15] Q: For the record, Exhibit 81 is a memoran dum [i6] from C.J.Eby, E-B-Y, to H.S. Bergen, dated October [17] 23,1961, and has the Bates number TRAN-12383, and [i8j you're shown as recipient to this? [19] A: Yes. [20] Q: Up in the upper, right-hand corner this [21; memorandum discusses how Dr. William Horwitz of FDA [22] Food Division, "Hot on the trail of chlorinated [23] compound 'X' which is a causitive factor in chick [24] edema, E-D-E-M-A." You see that, right? [25] A: Yes. Page 79 [1] Q: Who is C.J. Eby, do you know? [2] A: Yes, he was in our Washington office. You 13] see this originated there, Washington D.C. [4] Q: Exactly. So this was a request by someone [5] with the Food and Drug Administration. The [6] memorandum reflects a request for more in formation [7] concerning Aroclors. And reading from the second [8] paragraph "FDA might like to know all about our [9] Aroclor process of manu facture, our methods of uoj analysis including chromatographic, our toxicity [ii] studies, and anything else related to the Aroclors.'' [12; Do you see that? [13] A: Yes. [14] Q: Now, Dr. Horwitz was calmed down by Mr. C.J. [15] here as he reports -- down temporarily by [16] transmitting our latest Aroclor general sales [17] booklet." And you see that in there, correct? [18] A: Yes. [19] Q: But as of this date the FDA was concerned [20] that the use of Aroclors as "extenders" for [21) insecticides was resulting in something being [22] transmitted through chickens; isn't that correct? [23] A: Let's see, where are you reading this? [24] Q: Well, second paragraph. Let me rephrase the [25] question. Where Horwitz -- the end of the first Page 8C [l] paragraph, "Seemed to give ourAroclor a clean bill [2] of health." The second paragraph states. Page 76 - Page 80 STLCOPCB4024817 Paul G. Benignus September 14,1995 does it [3) not, "Horowitz is now back on the trail"? [4] A: Okay, I think I get what you're driving at. [51 Q: He says, does he not, "Because of the use of [6] Aroclors as "extenders" for insecticides against [7] roaches, etc., in the poultry field, among others,he rs; feels the Aroclors line should be more fully checked [9] out." [io] A: Okay. HU Q: In fact, Aroclors were being used as [i2j extenders for insecticides; isn't that correct? [13] A: All right. I'll try to answer your [14] ques tion. To begin with, I wasn't in the area at [i5] this time. Now, I'll try to go along and to the best [i6] of my ability -- [17] Q: At least that's what it's suggesting in that [is] memorandum? [19] A: Yes, one would conclude that, but I was not [20] active, and this is nonelectrical. [21] Q: So certainly not dielectric area? [22] A: Not dielectric, and I'm not concerned with [23] it for that reason except as you would be for [24] cursory. Here is compound "X." I wonder without [25] being absolutely certain what is meant by compound Page 81 [i] "X." Now, there was "X" disease, you know, caused by [2] chlorinated Naphthalene. I don't know if that's a [3] reference here to compound "X" or not, which is a [4] cause in chicken edema. "X" compound, compound "X," [5] as I have heard it referred to years ago before this [6] was chlorinated naphthaline and that did cause [7] anthracnose edema in chickens and in cattle. I [8] didn't pursue this. I merely mention that. Now, but [9] it does say, "PCB's used as 'extenders'for [io] insecticides against roaches." I have never heard of un it, but that's what it says. I wasn't there.That's [12] what it says. [13] Q: But in any event, Mr. Eby succeeded in [14] calming Horwitz down by getting him the sales [15] booklet, and as far as you know there is no further [16] inquiry by the FDA with respect to use of PCB as [17] extenders? [is] A: This is correct, but you will see here that [i9] Beltsville, Maryland, that's a government [20] organization, Beltsville, Department of Agricul ture [2i] in '59 indicated -- indicated 1 to 2 percent of [22] Aroclors in insecticidal, such as lindane, for [23] noncrop use seemed to be quite effective. Well, [24] that's where this we looked at earlier, Aroclor's a [25] sticker for lindane, that's where it came from. It* [l] * * * * * 7 * 9 10 Page 82 [l] came from Department of Agriculture. That's why I [2] told you you ought to talk to the Depart ment of [3] Agriculture instead of us, and this merely brings [4] that up that that was a develop ment by the government [5] not Monsanto. And it actually, to my knowledge, was [6] never used. [7] Q: But in any event, this didn't cause any [8] greater investigation as to whether or not Aroclor [9] would persist if it were used as a sticker and [10] insecticide? Page 81 - Page 84 Lawyer's Notes Min-U-Script Tennessee Gas Pipeline Company v. Monsanto Company [ii] MR. CHAMBERS: Assume you're referring to any [12] investigation by Mr. Benignus? [13] Q: (By Mr. Roeder) Benignus, or as far as you [14] know from Monsanto? [15] A: Not to my knowledge, but I wasn't active in [16] that area. H7] (Discussion held off the record) [18] (Plaintiff's Deposition Exhibit No. 82 [19] marked for identification) [20] Q: (By Mr. Roeder) Sir, I'd like to show you [2i] Plaintiff's Exhibit 82, which is organic chemicals [22] sales information bulletin dated August 9, 1957 from [23] P.G.Benignus,Bates number TNGS19125.ril ask you [24] is this the sales information buUetin that was [25] referred in the previous exhibit -- referred to in Page 83 [1] the previous exhibit that would be Exhibit No. 77? [2] A: Yes, that's what it refers to. 13] Q: These two exhibits 82 and 77, were they [4] traditional copies or additional? [5] (Discussion held off the record) [6] (Plaintiff's Deposition Exhibit [7] No. 83 marked for identification) [8] Q: (By Mr. Roeder) Let's go back on the [9] record. I'm showing you what's been marked as [io] Plaintiff's Exhibit 83, which is a memorandum from [ii] W.R. Richard to file showing carbon copies to you as [12] weU, and Bates number is TRAN-5788 through 5790. [13] Did you get a copy of them? [14] A: Yes. [15] Q: Now, this document does identify Joe [is] Caiandra as being the President, Chemist Ph.D and [17] M.D., and it shows him on the staff at Northwestern [18] University in pathology, right? [19] A: Yes. [20] Q: I think I actuaUy -- can I see that copy, [2i] sir? This might be the one that I marked up. It is. [22] Now, we are -- did you attend any meetings like this [23] where the Industrial Bio-Test Laboratory's tests were [24] discussed? [25] A: No.* 1 Pags 84 [1] Q: Then I won't ask you questions on this, but [2] this would be a document you would have received in [3] the ordinary course? [4] A: Right. [5] Q: And it would be sent to you, would it not, [6] sir, to keep you advised of what was going on with [7] respect to research regarding Aroclors and PCB? [8] A: Yes. [9] (Plaintiff's Deposition Exhibit No. 84 no] marked for identification) HU Q: (By Mr. Roeder) And Plaintiff's Exhibit 84 [12] is another memorandum from Dr. Richard, and you [13] received a copy of this, didn't you? [14] A: Yes. [15] Q: And it bears Bates number TRAN-86181 to [16] 86182. Now, this reflects, doesn't it, sir, a visit [17] to Professor Widmark by Dr. Richard? Gore & Perry 800 878-6750 STLCOPCB4024818 Tennessee Gas Pipeline Company v. Monsanto Company [18) A: Yes. Ii9) Q: Now, does this refresh your recollection [20] earlier when you said I think you testified you [21] weren't sure if Dr. Richard had gone to actu ally meet [22] with Professor Widmark? [23] A: I don't know that I said that. [24i Q: I think I asked you about Professor Jen sens, [25] didn't I? Page 85 ID A: Jensens, yes. 1 don't think he went to [2] Jensens, but I think he went to Widmark. 13] Q: So he had visited Professor Widmark, and [4] were you interested in the substance of this [5] conversation with Professor Widmark? [6] A: Yes, I'm interested in it. It is [7] interesting. [8] Q: Now, about the fourth par- -- fifth [9] para graph down on the first page, there is a [io] reference to he wanted Monsanto -- and tell me if I [ii] read it correctly in the record. "He, being U2] Professor Widmark, wanted Monsanto to re strict sale [13] to those closed system applications. He asked if the [i4j economic value of PCB's was worth the bad publicity [is] which would come to Monsanto." Do you recall that [i6] being a discussion, sir? [17] A: No, I just take it as a statement. [is] Q: But, I mean, that being an issue discussed [i9] in Monsanto when the environmental prob lems with [20] respect to PCB's were beginning to come to light? [21] A: I never heard it discussed. [22] Q: And just so the record is clear, this would [23] be another document that would be sent to you to keep [24] you advised of continuing events in this area? [25] A: That's what it did. Page 86 [i] (Plaintiff's Deposition Exhibit No. 85 [2] marked for identification) 13) Q: (By Mr. Roeder) For the record, Plaintiff's [4] Exhibit 85 is a document by D.V.N.Hardy,bears Bates [5] numbers TRAN-21762 to 21771, and there is a notation, [6] sir, in the right-hand corner in the front page. It [7] says, "circulate and P.G.B." That would be you, [8] correct? [9] A: Right. [10] Q: Is this a document that you would have [it] received pursuant to that direction? [12] A: Yes. [13] Q: Take a moment to look at the document. [14] A: I assume so my name's not crossed off. [15] Q: So in the ordinary course you would re ceive [i6] the document? 117] A: I would assume so. 118] MR. CHAMBERS: Let me ask, since this is about [19] eight or nine-page document if there is a particular [20] page that you might want to direct the witness to? [2i] Q: (By Mr. Roeder) No, I'll tell you what, I [22] think I can go at it this way. Who is D.V.N. Hardy? [23j A: He is a man with Monsanto in London, England [24] and Britain. He may have been at the Gore & Perry 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignus September 14, 1995 plant and [25] laboratories in Raubon, which is synonymous, you Page 87 [1] might say, with Britain. He was over in England [2] maybe in the office there, maybe in the re search lab, [3] I don't know, but he was over there. D.V.N. Hardy [4] was from Monsanto, England. Raubon, R-A-U-B-O-N, [5] which is in Wales, which is where the plant was, [6] which is near London. [7] Q: Now, the document is entitled, "Reports jsj summarizing present knowledge concerning [9] chlorine-containing residues in wildlife and visits [io] made to organization implicated therewith during the [ii] period of April 28 to May 1,1969. " Sir, do you [12] recall ever -- first of all, do you recall reviewing [13] this document? [14] A: Really not. [15] Q: Let me just ask the question relating to on [16] the second page. My discussions concerning this [17] document will then be brief, the exami nation [is] concerning it. The third paragraph of the second [19] page? [20] A: Yes. [21] Q: Discusses the work by Soren Jensen, a [22] research worker at the Institute for Analytical [23; Chemistry, University of Stockholm, under the [24] direction of Gunnar Widmark"? [25] A: Yes. Page 88 ID Q: Then it says, "Using a combined gas [2] chromatograph mass spectrometer it was shown that the [3] peaks are due to polychlorinated biphenyls (PCB's). [4] And Mr. Hardy then says. The evidence and reasoning [5] are available and the conclusion can hardly be in [6] doubt"? [7] A: Yes. [8] Q: Do you disagree with that statement as of 19] this time? [io] A: I agree with it.'They were considerably 11: advanced from what our methodology was in this [12] country at that time. They were ahead of us with [13] this sophisticated analytical approach needed to [i4] detect these very small amounts in fish or birds. We [15] were not that far advanced in our country. [16] A: What's the date of this? [17] Q: The date of this, sir, is -- [18] A: 1969. [19] Q: Right, up in the right-hand corner it says [20] 6/5/69. [21] A: Yes, we were not that far along in our [221 analytical capability atthis time. We could not [23; have done this, but we didn't question it. [24] (Plaintiff's Deposition Exhibit No. 86 [25; marked for identification)[i] * 3 4 5 6 Page 89 [i] Q: (By Mr. Roeder) Exhibit No. 86, for the [2] record, is a memorandum from R.H. Munch? [3] A: Yes. [4] Q: To W.R. Richard? [5] A: Yes. [6] Q: And dated December 5,1969? Page 85 - Page 89 STLCOPCB4024819 ram Cr. bemgnus September 14, 1995 [7] A: Yes. [8] Q: Bates number TRAN-58300 to 58301. Take a [9] moment to review this document, sir. [10] A: Yes. [11] Q: Now, the memorandum to -- from Mr. Munch to [12] Dr. Richard -- [13] A: Dr. Munch. Ii4) Q: Dr. Munch to Dr. Richard is carboned to you [15] as well, wasn't it? [16] A: Yes. [17] Q: This relates to the future posture in [is] dielectrics area, doesn't it? [19] A: Yes. . [20] Q: So this is something you'd be direcdy [2i] involved with? [22] A: Yes, very much. [23] Q: And memorandum also references, does it not, [24] discussions of pertinent parts with among others Paul [25] Benignus, which is you, right? Page 90 [1] A: Right. [2] Q: Now, the first sentence relates to Don Olson [3] who asks about how we should go about reaching our [4] objective. Who is Don Olson? [5] A: Don Olson was under Bergen. Let me say is [6] assistant to Howard Bergen, and he had author ity [7] relative to the marketing or sales people and to the [8] district managers, whereas I in contrast was purely [9] technical. He was in the business end of the [ioj business on behalf of Bergen. [11] Q: All right. The references made in the first [12] paragraph to Monsanto's objective of, "being the [i3J world leaderinthe Aroclorbusiness." Was that the [i4] objective of Monsanto in 1969? [15] A: It was Monsanto's posture. We were the [i6] world leader by a good deal. [17] Q: In total sales? [i8i A: In dielectrics, yes. Ii9] Q: Then the memorandum continues, "Under [2oj present conditions this question should probably be [2ij changed to how should we go about achieving maximum [22] profit from dielectric fluids or dielectrics in [23] general?" Okay. Do you agree with that statement? [24] A: Yes,for the next sentence I'd have to agree [25] with it.[i] * * * * 6 Page 91 [i] Q: So was there a shift in the objective in [2] 1969 as to being -- instead of being the world leader [3] in Aroclorbusiness as to howto achieve maximum [4] profit from dielectric fluids or di electrics in [5] general? [6] A: Well, this whole thing was highly [7] disrup tive. It came precipitously, and Ralph Munch [8] is thinking ahead. Where we headed for, and here's [9] environmental pollution which it never come up no] before, and what's that going to do to our posture? [iij What else in the dielectric fluid area should we be [12] looking at, and what Page 90 - Page 93 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company should we be looking at relative U3] to the pres ent situation and use of PCB's? U4] Q: Well, I think you have answered it, and [15] die -- but when you said this whole thing, you were (i6) referring to the PCB issues that came to light in the [17] late -- [18] A: Environmental. [19] Q: Right. [20] A: Which was new in 1969. This was Decem ber of [2i] '69. [22] Q: So Dr.Munch then says, "There are two [23] reasons for changing the question. One is the [24] environmental pollution problem," and you agree with [25] that, correct? Page 92 HI A: Yes. [2] Q: "And the other is that technological needs 13] in the dielectrics area are changing with ever [4] increasing rapidity;" you agree with that also? [5] A: Well, I can. [6] Q: The memorandum continues, sir,to suggest m that you needed a more detailed understand ing of [8] capacitor technology to go about with the new [9] objectives of the dielectrics industry. Did you take [io] anything, sir, or did you do anything with respect to [ii] the desire to get a more detailed understanding of [12] capacitor technology relating Aroclors? [13] A: Yes. [14] Q: What did you do? [15] A: As I said before, Monsanto never made [16] capacitors and because of the posture of the [i7] environmental thing had changed it was fore seen that [18] now Monsanto, and this is what Munch is driving at, [19] really needs to set up laboratory facilities to wind [20] experimental capacitors and test capacitors in our [2i] own laboratory to break some of these things which in [22] the past there was no need for exam and we didn't do. [23] We just up to this point we were called on merely to [24] manufacture at the high quality of purity required [25] and the quantity required of PCB dielectrics. This Page 93 [1] throws a different light onto it. "What's coming [2] down the plank here," they're looking for ward. And [3] up to this point they never made a capacitor, [4); experimental capacitor, at Monsanto at all. We had [5] no facilities for doing it. This means set up life (6) test apparatus, past our winding apparatus, which we [7] never did do because we got our winding supplied by [8] one of our customers. We let them do that. And then [9] any change or experimental fluid we wanted to look [io] at, why we had had the winding supplied from the [11] outside in instead of us winding it, but we did set [12] up testing equipment needed to have accelerated life [13J testing of our own because what is coming up here now [14] or what is being anticipated is that in the industry [isj the -- our customers or ca pacitor makers, competitors [ 16] will be looking at these things. Whereas, up to this 1173 point it was just par for the course. You use [is] Aroclor 1242, period. Gore & Perry 800 878-6750 STLCOPCB4024820 Tennessee Gas Pipeline Company v. Monsanto Company [19] Q: I think you said earlier, sir, that Monsanto [20] was the only manufacturer of Aroclor in the United [2i] States, correct? [22] A: Right. [23] Q: Why was that? [24] A: Because nobody else would. [25] Q: No one else wanted to or no one else could? Page 94 ID A: Plenty of people could, but they didn't want [2] to. 13] Q: Do you have any explanation for why they [4] didn't? [5] A: Yes. [6j Q: What is that? [7] A: There's two things, and I'm talking now [8] anybody could have manufactured because our [9] production patent had expired so anybody could come [ioj in. There's several things. I'll try to answer your [ii] questionas simple as possible. One, was other [12] people didn't want to get involved with the [13] technology and to have to put up with the [14] requirements. I'm talking about capacitorAroclor ri5] going through all that we went through to provide [16] dependably pure material. It wasn't worth it to [17] them. Another thing to begin with, this is a good [is] business for one company, not for more than one [19] com pany. [20] Q: Why is that? [21] A: Economics. Now, you want something said? [22] Q: Please, please, I didn't want to interrupt [23] you. [24] A: Monsanto had the production patents from [25] 1929 to expire in 30 years later, well, whatever, 20 Page 95 Ii] years later. Certainly by the early '50s. GE had [2] the use patents, and every one had a license under [3] GE. They had to pay a license to buy it. We merely [4j supplied it. We were told by GE who to supply to see [5] to their licensees. Eco nomics. When GE discovered [6] the utility of PCB's as dielectrics, this was a big [7] break through. It's documented in the encyclopedia. [8] Chemical technology is one of the great discov eries [9] of the century. [10] Now, what happened there was immediate interest [ii] by GE and their licensees for this material. Now, GE [12] set the economics,and here it is.They gave by 113] contract understanding that Monsanto is entitled to [i4] so and so many cents per pound to put the things [i5] togetherto make the compound. Ii6] Q: Beyond that, the cost of making is the cost [ 17] of raw materials which Monsanto had to buy, benzene [island chlorine, the only two materials? [19] A: Only two raw materials. So what evolves [20] from GE telling Monsanto what the price of that or [2i] the customer told us what the price shall be, bid on [22] you but this is how it was, there is nothing wrong [23] with it. Then Monsanto was allowed escalation in [24] accor Gore & Perrv 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignus September 14, 1995 dance with the increase or decrease, could go [25] either way, and Monsanto's cost for benzene and Page 96 [1] chlorine and nothing else. Well, this was pretty [2] tight economics that was adhered to reli giously, and [3] cost of being in business over the years increased, [4] they always do. Labor in creased; shipping costs [5] increased; the cost of containers increased; all [6] kinds of costs in creased. They were never [7] incorporated into the market cost or price of PCB's. |8] Well, that's pretty tight economics and very sound [9] eco nomics, and other people weren't interested in [to] being tied down that way. I'm not saying Monsanto [ii] was hurting anyway because th> is the life blood, [12] and I mean it. The life blooc of the capacitor [13] operation at GE, Westinghouse,and capacitor age rage [i4] ifit wasn't right, they're in big trouble. So they [15] needed a de pendable source of supply, and they were ;i6] going to see to it that Monsanto got enough money to [17] perform properly. It's as simple as that. [is] Q: So if any other potential market capacitor [19] wanted to make it, they still have to deal with GE? [20] A: Yes, and GE -- further answer to your [21 ' question, GE didn't want another person in the act so [22] if anything at all, glich turned up, they wouldn't [23] have to wonder, well, where did ir start from, [24] Monsanto or this other place. And I'll carry it one [25] step further for you. During the war because this Page 97 [1] stuff was very critical in the transformer stuff [2] also, it was used on all battle ships, cruise, or [3] what have you, submarine, and Navy docks, and etc. [4] It was allocated strictly to the military. The [5] government insisted on having another supplier. They [6] wanted to put somebody else in die business. [7] Monsanto's response was, well, we will set up a [8] second place, location of manufacture which occasions [9] why it was made now at Monsanto, Illinois as well as [io; Anniston, Alabama. [in Q: So there would be two manufacturing [12] facilities? U3] A: That would be two places, but you asked the [14] question, you know. [15] Q: No, I'm fine, I'm appreciating the answer. [16] A: But GE wouldn't never buy from Monsanto, [17] Illinois. We don't want to approve Monsanto, [isj Illinois. I assure you it was just as good in [19] quality as it was at Anniston. There was no [20] difference. Monsanto, you're going to ship to us all [21] capacitors from Anniston and. of course, all their [22] licensees went along the same way. They didn't want [23] it from some where else, as I already told you. If [24] something went wrong, there was a glitch, they knew (25, where the stuff was. They didn't want to have to dig * 11 Page 96 11] around and mess around. It was from this place or [2] that place, and I think I have answered it. [3] Q: At some point did GE use patents expire? Page 94 - Page 98 STLCOPCB4024821 Paul G. Benignus September 14, 1995 HI A: Yes, use. 15) Q: When did they expire? [6] A: Their patents expired about the same time [7] our manufacturing patents expired, which was the [8] early part of 1950. 191 Q: So from 1950 on you had the right to no] manufacture the Aroclors free of any license [ii] obligations to GE? [12] A: We never had any license obligation with GE. U3i There -- excuse me, there are competi tors [mi Westinghouse and Sangamo, other mak ers of capacitors [i5i who competed in the mar ket place with GE, they had to [i6j pay a license to GE to be able to use it. We never [i7j used it. We shipped it. [18] Q: You made it for their direction -- under [191 their direction so you would not have to pay a [20] license fee? [2i] A: That's right. [221 Q: But when you would make it and presum ably [23] earn a profit from selling to a competitor, all [24] right, you were making a profit from the sale of [25] something that would have been cov ered by their Page 99 HI patents had the patents not expired, correct? [2] A: Yes, and then they would have to pay a [31 license fee, a royalty it was called. There was a [4] license fee to begin with. Then there was so and so [5] much upon royalty. We collected that roy alty, and GE [6] would order Monsanto to ship, say, to Sangamo. And [7] when we billed Sangamo, we collected this I think was [8] half a cent upon royalty. [91 Q: But so if I'm understanding your testimony, [io] from about 1950 on the license that GE had -- or [in excuse me, the patent GE had, had expired? [12] A: Yes. [13] Q: So then you were able to sell this to [14] whoever, and they would not owe GE license or royalty [15] fee, correct, because the patent itself had expired? Ii6] A: Yes, this is correct. [i7] Q: So did that ease the pressure that Monsanto [is] got with respect to the margins it could make on that [19] dielectric fluid? [20] A: No, we adhered to this contract arrange ment. [21] It was never violated until this environ mental [22] business came along and the posture of our business [23] we lost all the nonelectrical market, you know, in [24] 1970 we went out of business. All we had left was [25] the dielectric, as you know, and our cost shot up. Page 100 ID Prior to that it wasn't violated. In fact, every [2] time I had very close watch this was in mils for [3] pounds. I don't mean to belabor this thing, but it [4] was very tight economic set that was run. I want to [5] tell you without wanting to "yield the lily" there [6] was plenty of times we didn't charge as much as this V) contract allowed us to charge. [8] Q: I guess I'm still not clear on why after the [9] GE patent expired no one else wanted to get into the [io] business. Was it because in the dielec Page 99 - Page 102 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company tric portion [ii] of the business the industry fol lowed GE lead, they [12] wanted to be sure that the grade of dielectric they [13] had gotten was equal or as good as the dielectric [i4] produced by Anniston plant? [15] A: I think you're head on the point. Their [i6] competitors were comfortable knowing that they would [17] receive the very same stuff out of Anniston that GE [is] received. You have that exactly right. [19] Q: So as a practical matter, well, with respect [20] to that market, Monsanto was the only game in town? [21] A: Right. [22] Q: And, in effect, you enjoyed unique posi tion [23] because the customers wouldn't pur chase from anyone [24] else? [25] A: Well, there was nobody else for them to Page 101 [i] purchase from, put it that way. They didn't want to [2] purchase from anybody else. [3] Q: Was that different than the situation faced [4] in the nondielectric uses of the product, hy draulics, [5] heat transfer, for example? [6] A: Monsanto is the only place that made PCB's [7] to answer your question. They weren't avail able [8] anywhere else. [9] Q: But -- [10] A: No one else made them. [ii] Q: Sure, but in the other markets and hydrau lic [12] market and heat transfer market, for exam ple, were U3) there other markets, substitutes, for PCB Aroclors [14] that you make that did not contain PCB's? U5] A: Let me put it this way. In the [i6] nonelec trical applications when in 1970 Monsanto shut [17] down the nonelectrical, and this was done promptly, [is] as fast as the company could do it from 1969,you [i9] know, the sea eagle from that time until 1970 -- po] well, let's go back to 1967, let's say, in 1970 it [2i] isn't much of a time frame to explore what's going on [22] here. Monsanto as quickly as the executive committee [23] had to hear more and more about PCB's, and they had [24] other things to do. You know, very simply put we are [25] making something that some people are -- seem Page 102 [1] dissatisfied with. Why are we doing this? Very [2] simply, get out of this business. And Monsanto shut [3] it down. There was no more supply after 1970. Now, [4] one premise here and a veryimportant premise. It [5] was felt, and it's quite understandable that a person [6] could think of other things than PCB's or [7] PCB-containing fluids that could be used as [8] replacements for PCB. Whereas, in the electrical [9] industry you couldn't think of a replacement and GE no] in particular. But the electrical industry, let me [ii] say quickly, came to Monsanto. In fact, came to me [12] saying, Do not let Monsanto precipitouslycut us off [13] like you did for the nonelectrical because we have no [14] fire-resistant replace ment, and it will take years to [15] find one. I said. You're talking about it to the [16) wrong guy.Ihear you. You better talk to your [17] executive com- Gore & Perry 800 878-6750 STLCOPCB4024822 Tennessee Gas Pipeline Company v. Monsanto Company mittees. And then because government [is] ap proved continued use of PCB's for the electrical [19] and closed systems why it carried on until 1977 and [20] then there was a complete shut down. [21] Q: So if I'm understanding the answer to the [22] question, in the nondielectric uses of the product [23] there were different formulations that people could [24j point to and use? [25] A: I don't say they could point to, but that Page 103 [l] could be explored and might be applicable, although, [2] they may not have the fire resistance you see. I [3] told you already that very few and phosphate esters [4] which weren't fire resistant, phosphate esters of [5] organic chemicals, they don't have the thermal [6] stability that PCB's have. But the only [7] fire-resistant materials were the phosphate esters or [8] the PCB's. So you're going to lose your fire [9] resistance. Whether that's important, I don't -- [ioj where it's import ant, you don't have it. [11] Q: Or your thermal stability? [12] A: Or thermal stability, yes. U3] Q: So is it fair to say that when you realized [14] looking at the future posture of dielectric industry, [15] Plaintiff's Exhibit 86 -- [16] MR. CHAMBERS: Let me object to the form. It in] just says future posture dielectrics as op posed to [18] dielectrics industry. [19] Q: (By Mr. Roeder) Fair enough. Is it fair to [20] say that as Plaintiff's Exhibit 86 refers to the [2i] future posture in dielectrics that you weren't sure [22] how long you could be in that industry, you thought [23] it was important to keep the ability to surface that [24] industry alive much more so than the other uses of [25] the product where you didn't feel that need? Page 104 [i] A: Yes, you could file out plasticizers, no [2] doubt. [3] Q: But just so I'm clear, it still was a [4] profit able product to make in the dielectric [5] industry, wasn't it? The dielectrics product were [6] profit able for Monsanto to make, weren't they? [7] A: The economic posture changed drastically [8] because we lose -- lost half of our divisor, I'm [9] talking about after 1970. half the business is gone, [ioj So our costs went up marketably. Now to answer your [in question, we did not lose money because we raised the (12] prices then out of necessity because our costs went [13] up and that's when the costs of PCB's began to [14] escalate. This formula, I'm talking about, went out [15] the window. [16] (Discussion held off the record) [17] Q: (By Mr. Roeder) I'm showing you, sir, part I is] of Plaintiff's Exhibit, I think it's 5, isn't it? U9] A: Yes. 120] Q: And the reference there to this is 198----[2i] excuse me, 1970 functional fluids total mar keting [22] plan, right? [231 A: Yes. Gore & Perry 800 878-6750 Lawyer's Notes Min-U-Script Paul G. Benignus September 14, 1995 [24] Q: And you're showed as one of the parties on [25] the second page you had received a copy of this? Page 105 m A: Yes. [2] Q: But it lists as well, sir, I'll draw your [3! attention to it, what the revenues for -- [4j MR. CHAMBERS: Is that page 22? [5] MR. ROEDER: I think that's right. [6] A: Yes, page 22. [7] Q: (By Mr. Roeder) The revenues for dielectric [8] fluids portion of it was. And for 1969 you're is; showing a gross profit of 40.6 percent on sales, and [io] that's your estimate there, correct? [11] A: Not my estimate. [12] Q: The company's estimate? [13] A: Yes. [14] Q: And it showed the company made 43.6 percent [15] profit on sales in 1968? [16] A: Yes. [17] Q: That's a good profit, isn't it? [is] A: Yes. [19] Q: And you're estimating in '70 budget make it [20] 40.3 percent profit on sales going forward: isn't [2i] that correct? [22] A: This is what the numbers show. I'm just [23. reading them. [24] Q: Right, this is a document you would have [25] gotten and reviewed in your capacity as per son Page 106 HI interested in the dielectric fluids products at [2] Monsanto, correct? 13] A: Yes, I did. Yesterday we looked at this and [4] first I didn't recognize it and then I recognized it [5] as functional fluids, and I may have seen this thing [6] from a distance. I have never read this tiling. [7] Q: But that's more than a modest profit, [8] though, isn't it, 40 percent out of gross basis? 19] A: I can't address that. I wasn't in the no] commercial end of it.There is no point in my in: commenting on it. I can give you my views, but [12] what's the purpose? [13] Q: I'm just saying -- well, let me ask the [h; question this way. One of the tilings that you tried [15] to do is to maximize, if at all possible, the return [i6] that Monsanto would obtain through manufacturing and [i7] selling its products, cor rect? [18] A: Yes. [19] Q: That would be pan of your duties as [20. employee, correct? [21] A: Yes. [22] Q: And in the memorandum we just lookct at from [23] Dr. Munch to Dr. Richard he sugges: that the [24] objective for being the world leadc in the Aroclor [25] business should probably 1:, changed to how should we Page 1C' ii] go about achieving maximum profit from d electric [2] fluids for dielectrics in general? Page 103 - Page 107 STLCOPCB4024823 Paul G. Benignus September 14, 1995 [3] A: Yes. [4] Q: And the idea of maintaining the sales of [5] dielectrics would be consistent with that goal, [6) wouldn't it? [7] A: Yes, do you see what happened after 1970? [8i Q: This is going forward; isn't that correct, [91 sir, so this didn't show what happened after 1970? HO) A: This is going forward? [it] Q: Right. [12] A: Well, they couldn't predict and project [i3i what's going to happen in the future. Anybody that [14] would have gone into this business in 1970 should [15] have had their head examined. Most of it was gone. [16] Q: Except for the Monsanto portion with the [17] dielectric industry, correct? U8] A: Right. And as I told you, the economics of U9] that has changed, our cost went skyrocketed because [20] of the problems with this environ mental thing, and it [2i] wasn't long we were out of business altogether. But [22] I also told you as this came forward and went along [23] in my opinion will tell you that Monsanto charged [24] enough that we really did not lose a great deal of [25] money. Now, I'm talking about an area that I Page 108 ID shouldn't be talking about. I wasn't in that [2] particular area, but that's my view of it. And our 13] prices per pound increased, and our profit went down, [4] and finally the whole thing was wiped out. !5) Q: But you didn't know at the time this budget [6] was prepared or at the time Dr. Munch's memorandum [7] that that was going to be the case, did you? [8] A: No. [9] Q: Now, who are the customers you dealt with on [io] a continuing basis, it was Mr. Edward Raab, correct? [11] A: Yes. [12] Q: He was General Electric's person who is [13] responsible for coordinating aspects of PCB problem? [14] A: On behalf of GE certainly. [15] (Discussion held off the record) [16] Q: (By Mr. Roeder) Now, Mr. Raab, then, you [17] had communicated, I presume, on a continu ing basis [18] concerning this problem? [19] A: Yes. I'm going to change that a bit. For [20] years Raab and I and now till the time I retired had [2i] a continuing close relationship on what I have been [22] telling you. I was in technology. Now, if you're [23] asking did he have a continuing communication with me [24] on the environmen tal thing, the answer is no. [25] Q: But he was your -- was he your counter part Page 109 [1] at GE with respect to dielectrics? [2] A: As far as technology of the fluid itself, [3] yes. He worked with the committee. He was Chairman [4] at one time. [5] Q: Which committee are you referring to, sir? Page 108 - Page 111 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [6] A: American Society of Testing and Materials, [7] which is the committee. His boss, Frank Clark, the [8] inventor, told me I need to join and work on. [9] Obviously Raab reported to Frank Clark in the [io] transformer area, and the other man who reported to [u] Frank Clark was Ralph Rousetta in the capacitor [12] business. There were these two significantly [13] different applications, trans formers and capacitors. [14] (Plaintiff's Deposition Exhibit No. 87 [151 marked for identification) [16] Q: (By Mr.Roeder) While you're lookingat[i7] that, sir, I'll identify for the record Exhibit 87 is [18] a document entitled, "PCB Pollution Problem, January [19] 21 and 22, 1970, St. Louis Meeting with General [20] Electric Company." The num bers are TRAN-22030 to [21] 22039, and it has the notation on the last page P.G. [22] Benignus,Janu ary 26, 1970. Have you seen this [23] document recently, sir? [24] A: Yes, I saw it yesterday. [25] Q: And this is a document you have prepared Page 110 [l] regarding a meeting that would be had -- strike that. [2] This is a document you prepared regarding meeting [3] with Mr. Raab and General Electric in St. Louis in [4] 1970? [5] A: Yes. [6] Q: Is Dr. K. Murphy the Dr. Murphy you were [7] just talking about? [8] A: I don't think I talked about it. [9] MR. CHAMBERS: I was going to say I object to [io] the form. That name hadn't come up. HD Q: (By Mr.Roeder) Perhaps, let me rephrase. [12] Who's Dr. K. Murphy? 113] A: As it says, he was General Electric that was [14] connected either central research environ mental [15] pollution control, and I had no contact with Dr. [16] Murphy. [17] Q: All right. [18] A: Nor with Mr. Gerade, GE toxicological [i9] consultant. My contacts in relationship here was [20] with Ed Raab. [21] Q: Well,primarily, sir, I mean, what do you [22] recall about this meeting? Was it held at Monsanto's [23] headquarters? [24] A: Yes, as it says, they wanted to come to [25] Monsanto, St. Louis. Page 111 [l] Q: But, sir, you were involved in setting up [2] this meeting? [3] A: Exactly. I arranged setting up the meeting [4] and there you might say, period. Raab phoned me and [5] said he wants to have such a meeting with Monsanto, [6] and then he and I set up who from GE would [7] participate and who from Monsanto would participate [8] and set it up. That's about all I did. 19] Q: Well, there is a discussion on the location [10] of as control transformers on the second page of this [ii] document? [12] A: Oh, yes. [13] Q: And it talks about a table that you and Mr. [14] Raab formulated to portrait the use and loca- Gore & Perry 800 878-6750 STLCOPCB4024824 Tennessee Gas Pipeline Company v. Monsanto Company dons of U5) askarel transformers throughout the industry. Do you [i6] see that? [17) A: Yes. [is] Q: What was the purpose that you had in [19] preparing such a table? [20] A: Merely to characterize it and say what it [21] is, location, where are askarel transformers located? [22) What kind of a locauon would they be used at? Would [23] they be used in this build ing, for example, which is [24) motel? Well, the answer is yes. Would they be used [25] as you asked earlier on top of the pole, no. Would Page 112 [i] they be used as a power transformer with the utility, [2] no. We tried to bring out where is it that askarel (3) transformers are installed, where are they used. And [4) the point being here that is the point of interest is [5] they're fire resistance. The performance is the same [S] as if they had mineral oil, but askarel didn't burn, [7] mineral oil did. Other than that, let's say they're [8) the same. So you can place askarel transformers in [9] popu lated area, where you can't mineral oil. no] Q: Well, there's a statement that's made on the [ii] second page of where you're discussing the askarel [12] transformer applications? U31 A: Yes. [14] Q: Where it says, "Mr. Raab was most impell ing [is] and forceful about the nonreplaceability of [i6] transformer askarel fluid and the critical or 117] essential use and need for askarel transform ers." So [18] that's what Mr. Raab told you at this meeting? [19] A: Exactly. [20] MR. CHAMBERS: That sentence goes on to read [2i] completely, "Which have safety from fire as their [22j outstanding virtue, period." [23] MR. ROEDER: They do and I think -- didn't think [24] that was vital for my question, but thank you for [25] clearing that up. Page 113 m Q: (By Mr. Roeder) Mr. Raab further [2] repre sented to this meeting, did he not, his opinion bj that without the availability of the askarel [4] transformers at large cities like New York would be [5] shut down with no power? 16] A: Yes, I read that. [7] Q: Did you think that was true? [8] A: Could be. It's rather pronounced. An awful [9] lot of askarel transformers underground in New York [io] City. The point being, the focal point being, there [ii] was no replacement, no fire-resistant replacement, [12] for the askarel. That's the point to all of this. [131 Q: Well -- [14] A: You contact mineral oil and stick it into [i5] the buildings at New York, you may burn them all [16] down. [17] Q: Well, at this point in light of the [is] state ment that Mr. Raab made certainly an emotion -- li9] sound like emotional state? [20] A: It is. Gore & Perry 800 878-6750 Lawyer's Notes Min-U-Script Paul G. Benignus September 14, 1995 [2i] Q: Did anyone question or attempt to deter mine [22] what Japan was doing now since the)' had eliminated [23] askarels? [24] A: Fair enough.Theyneverused askarel in [25] their transformers to begin with. Page 114 [l] Q: Well, at this point, 1970, Tokyo is pretty [2] big city too, wasn't it? [3] A: Oh, you're right. How did Tokyo stay lit [4] when New York would have been shut down with no power [5] even though Tokyo had no askarels? [6] (Discussion held off the record) [7] A: It was the insurance underwriters who were [8] great proponents of askarel transformers because it [9] didn't support combustion. Now. obviously along your [io] line they had mineral oil which does support [ii] combustion. What I'm now going to say to you is that [12] the incident of failure of an askarel transformer [13] which would not involve spreading a fire was very [14; rare.And I'll go on to answer your question to say [15] the incident of failure of a mineral oil trans former [16] was also quite low and rare. This isn't to say that [17] there weren't transformer failures, there were.But [isj this is pretty reliable, depend able apparatus whether [19] it's got mineral oil or whether it's got askarel in [20] it. Did I answer? [21] Q: I think so. But let's be sure I understand [22] your answer. If I get it correctly, sir, mineral oil [23] would have worked, it just would have had a slightly [24] greater risk of fire? [25] A: Yes, surely.* [l] Page 115 [l] Q: So in Tokyo when they demanded that [2: everything -- strike that. When Japan demanded that B) no askarel be put in generators -- [4] A: Transformers. 15] Q: Transformers -- strike that. Let me try it [6; again so Ihave a complete sentence. Whenjapan [7] eliminated the possibility that askarel could be put [8j in transformers by banning it, there is no [9] appreciable change in the risk that the people of no] Tokyo faced as opposed to people of New York? HU A: Japan never had askarel in transformers to [12] begin with. [13] Q: Right. [14] A: Okay. [15] Q: So did it ever come to your attention that [16] the people of Japan were in much greater danger and [17] would be shut down and with no power simply because [is] they did not have askarel transformers? [19] A: They never had them to begin with. [20] Q: And for all we know their electrical [2ij generation capacity and their transforming ca pacity [22] was equal to that of the United States, correct? [23] A: Yes, okay, it was large, but they didn't use [24] askarel. [25] Q: The next statement, page 3, it says,______ Page 112 - Page 12 ~ STLCOPCB4024825 Paul G. Benignus September 14, 1995 Page 116 [ij "Frankly, no one could think of a suitable pj replacement for transformer askarel fluid." Again, [3] no one suggested mineral oil, or was mineral oil just [4] eliminated as a possibility? [5j A: A word is missing from this sentence, but it [6] is implied, but the word is missing to make it clear m for you, fire resistant. Frankly, no one could think [8] of a suitable fire resistant replace ment for [9] transformer askarel. This is what we were talking [io] about. It is implied. The word isn't in the [in sentence. [12] Q: All right. So the implied word would be [13] between suitable and replacement on the first line? [H] A: Yes, fire resistant, there was none. [15] Q: What do they use in transformers now? [16] A: Well, there are other-- there are [17] alter nates, there weren't then. And one of the [i8] alternates, in fact, the competitor is the dry type [19] transformer. [20] Q: Which is now being more prevalent? [21] A: I assume so. However, a dry type [22] trans former you can't very well put that into a flour [23] mill or a textile mill where there is a lot of dust [24] and so forth. It can't be put where there is [25] exposure to water flooding because it's open, it's Page 117 [i] dry and it's open.Askarel is hermetically sealed so [2] if there is a flooding in Florida, you know, and [3] flows over, no problem. 14] Q: Because it's solid inside the water can't [5] get in? [6] A: It's inside, it's hermetically sealed. [7] These considerations come in. Now, there was also [8] gas transformer, fluoride gas. These are not [9] hazardous. They go out like a light bulb, you know, [io] It's dielectric gas that resists the elec tric sulfur [in hexafluoride, S-U-L-F-U-R, H-E-X-AF-L-U-O-R-I-D-E, ii2] gas. That's known as gas trans former. Now, there is [13] such a thing as econom ics and -- [14] Q: What were the economics involved in this [15] issue, and how did they inform the discus sion? [16] A: Well, gas type transformers cost a lot more [17] than askarel. The askarel cost about the same as a [18] dry type, and the cheapest thing, of course, was [19] mineral oil. [20] Q: Which are the ones up on the poles? [21] A: Which are the ones on the pole because you [22] don't need fire resistance there. And which are the [23] ones, the big power transform ers that the utilities [24] which are installed out in the open somewhere, they [25] are all mineral oil but rather than askarel. But in Page 118 [1] the special, I told you askarel is a specialty item [2] selected where someone makes the judgment that we can [3] afford for various reasons to pay a premium to [4] install the askarel transformer. [5] (Recess) [6] (Plaintiff's Deposition Exhibit No. 88 [7] marked for identification) Page 116 - Page 120 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [8] Q: (By Mr. Roeder) For the record, what you [9] have been handed, sir, is Plaintiff's Exhibit 88, [10] which is a document entitled, "PCB Pollution Problem uu Summary ofjanuary 21 and 22,1970, St. Louis Meeting [12] with General Electric Com pany," and the numbers are U3) TRAN-22028 to 22029. This is your summary of the [14] meeting with GE in 1970, correct? [15] A: Yes. [16] Q: And is this a fair statement of the [17] conclusions that were reached at that meeting? [18] A: Yes. [19] Q: Were you surprised by any of these [20] statements or conclusions? [21] A: No. [22] Q: Now, I'm interested, sir, in paragraph Roman [23] numeral VII. Before we do that let's -- yes, Roman [24] numeral VII. "As no suitable re placement for GE's [25] transformer Pyranol blends are foreseen, GE seeks Page 119 [i] that Monsanto take no precipitous reaction to the PCB [2] problem that would result in with drawing supplv of [31 Aroclor 1254 or 1260 to GE"? ' [4] A: Right. [5] Q: Who made that statement at the meeting, do [6] you recall? [7] A: Raab. [8] Q: Is the reason that Mr. Raab made that [9] statement contained in Roman numeral IX at the bottom [io] that is, "GE strongly seeks to continue manufacture [nj of askarel type transformers be cause in many [12] applications this apparatus cannot be replaced with [13] mineral oil types nor with open or sealed dry types"? [14] A: Yes, as we just discussed. [15] Q: Right. Is that because GE didn't want to [16] have a liability itself in case any of these [17] transformers would fail? [is] MR. CHAMBERS: I'll object to the form just to [19] note this witness may not be in a position to know [20] what somebody else, GE orwhoever [2i] Q: (By Mr. Roeder) Whatever they communi cated [22] to them? [23] A: Ithinkthequestionisansweredhere.That [24] they were concerned about that. I thought I read it. ' [25] Q: That's in Roman numeral VI, correct?1 Page 120 [1] A: Well, whatever. I read it. [2] Q: "Due to combustibility of arc-formed gas, GE [3] will not use Aroclor 1242, nor any blend with less 14] than near a one-to-one ratio of chlo rine to hydrogen, [5] for transformers. This judg ment is based on GE legal [6] people citations of precedent court actions assigning [7] liability against GE for transformer accidents"? [8] A: Exactly. 19] Q: So GE didn't want you to get out of the [10] business because they're afraid if you were out of [ii] the business, they could be liable in case any of [12] transformers blew up or caused a fire? Gore & Perry 800 878-6750 STLCOPCB4024826 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignus September 14, 1995 [13] A: Yes, because it didn't have suitable [i4] replacement. Lawyer's Notes Aroclors [is] or you continue to use it, are you going to assume [19] sole and complete liability [15] Q: Were you surprised -- before I do that [i6] question, Roman numeral VH3 states, "In reply to with respect to that use? [20] Isn't that what happened? [17] Monsanto's legal question whether with con tinued use [is] of Aroclor 1254 and 1260, GE would assume sole and (19J complete liability. Their spokesman answered, no, [20] with an ex clamation point." That's what you wrote, [2i] correct? [22] A: Yes. [21] A: Meaning you as who? [22] Q: General Electric. [23] A: Well, I think we are belaboring the point [24] because I can tell you that to continue to supply it [25J was done on a hold harmless basis by Monsanto, that [23] Q: Was that spokesman Mr. Raab? [24] A: I assume so. I don't see a list of the [25] 5 people who were here. Did they have a legal man? Page 123 [l] was the requirement. Monsanto was in no posiuon to [2] take any responsibility. And we wouldn't supply it. [3] And we would supply only to two manufacturers of [4] transformers or ca Page 121 pacitors no longer to users. If a [5] user of GE's or [1] Q: Well, sir, if you compare it with Exhibit 87 Westinghouse equipment wanted [6] make-up [2] which summarizes the GE representatives fluid, they couldn't get it from us. They [7] now there -- would have to go back to GE or Westinghouse or 13] A: I don't see a legal man there so it must [4] j have been Raab's statement. [5] Q: All right. So Raab's the guy that told you (6) that, no, they would not assume sole and com plete [7] liability with respect to continued use of Aroclor? [8] A: Yes. [8] whoever made the transformer, whereas in the past it [9] could come to us. Not now -- I don't know what the [io] date is here, but now or shortly after, and diey [it] would get it only if they signed the hold harmless [12] agreement. So I think that answers the whole thing. [i3] Q: There was a decision to require that fur ther [i4] shipments would be made on hold harm [9] Q: And you also note, "He cited legal case [io] less basis, [15] correct -- i examples to substantiate his response," that hap pened [in as well, correct? [12] A: Yes. [13] Q: Did this surprise you that would be the [14] position GE would take? [15] A: No. [16] Q: Did you think it fair that GE would ask you [17] to continue to produce a product that carried risk [18] and they would not assume the respon sibility for that [19] risk? [20] A: Let me hear it again. [16] A: Where is that? [17] Q: -- at some point? [18] A: At some point, yes. [19] Q: We don't know if it was made at this point. [20] but somewhere down the road GE couldn't buy anything, [21) could not buy any of the Pyranols unless they agreed [22] to indemnify Monsanto for any of the risk? [23] A: The day of this is January 1970. That's [24] when the nonelectrical shut down. And in order to [25] continue to supply die electrical, what we [21] (The requested portion of the [22] record read are by the reporter) Page 124 il5 123] A: That was their position. [24] Q: (By Mr. Roeder) Well, it was your position, ID talking about this hold harmless arrangement was part |2] of the arrangement exactly. [25] wasn't it, sir, that if you were going to assume this [3] Q: Did you disagree with any of the state ments? Page 122 [4] A: No. [i] risk at their request that they remove the risk that [2] you insured or faced because you had done what they [3] had asked, isn't that why you asked -- that's an [4] awful question. Let me rephrase it. Monsanto wanted [5] to know at this meeting that ifthey continued to [6] make Aroclor \ where GE would assume the [7] responsibility, right? [5] Q: So you hoped to continue the dielectric [6] business with respect for GE and for its capacitor [7] industry, correct? [8] A: As far as I was concerned, yes. [9] Q: Now, is the dielectric portion of the [io] business different than the funcuonal fluids? [11] A: Yes. [8] A: If that's what it says. [9] Q: Well, is that? [10] A: Wait a minute. Cross that out. I still [11] don't get your -- Monsanto had no reason to assume [12] any responsibility is the answer to whatever the [13] question is. [14] Q: Let me try this one again. Maybe I can [15] phrase it a little differently. Somebody at the 116] meeting on behalf of Monsanto said to GE [17] representauves, If we conunued to make the [12] (Plaintiff's Deposition Exhibit No. 89 U3! marked for identification) [Hi Q: (By Mr. Roeder) For the record, Exhibit 89 [15] is a, I believe, a muld-page document starting with [16] Bates number 8493 to 8497 with the prefixTNGS,and [17] you're listed, sir,are you not. as carbon copy [is] recipient on the second page? [i9] A: Yes. [20] Q: Who is F.J. Camargo? One of the authors of [2i] the letters? Gore & Perry 800 878-6750 Min-U-S cript Page 121 - Page 124 STLCOPCB4024827 Paul G. Benignus September 14, 1995 [22] A: Camargo had been in Mexico, the assistant [23] officer, office manager, in Mexico City.And he had i24j moved to St. Louis by this time. [25] Q: By this time, sir, meaning October 1,1971, Page 125 ID the date on the second page of this memoran dum. Had [2] the public concern over the envi ronmental pollution [3] regarding PCB's become even greater than it had [4] previously? [5] A: I'd have to say, yes, because it continued [6] to be publicized more and more as time went on. [7] Q: Did you receive a copy of this document, [8] sir, or would you have received it in the ordinary [9] course of the business? no) A: Yes, I got a copy of it. [11] Q: That's all I have for this document at this [12] point.This is already Plaintiff's Exhibit 60. It's [13] already been marked. Exhibit 60, sir, is a [14] memorandum from Norm Johnson to a number of people [15] regarding a pollution letter. It's dated February [16] 16,1970? [17] A: Yes. [is] Q: It's Bates number TNGS-8683, and you [19] received a copy of this document, didn't you? [20] A: Yes. [21] Q: Did youreviewthis document on or about the [22] time it was distributed? [23] A: Really not. [24] Q: If you didn't review it, that's okay, I'll [25] move on. Page 126 [1] Q: Other than General Electric, who were the [2] bigger users of the dielectric fluids? [3] A: There were, let's say, ten significant users [4] of askarel dielectric for capacitors and maybe six or [5] eight users. By users I mean -- [6] Q: Manufacturers? [7] A: -- manufacturers of askarel transformers. [8] Q: Was P.R. Mallory Company one of them? !9] A: Yes. no] Q: Where did they fit in on the scale? Hi] A: They use it -- oh, on the scale. They [i2] manufactured capacitors. To put perspective on the [13] scale whether transformers or capacitors there were a [i4j few, maybe three, maybe two large manufacturers. [i5] Then a drop down to rapidly to small manufacturers. 116] Q: Where was Mallory on that scale? [17] A: In that scale Mallory was on down the line, [18] maybe around the middle. [19] Q: Not the biggest but not the smallest? [20] A: Oh, right, right. |2i] (Plaintiff's Deposition Exhibit No. 90 [22] marked for identification) [23] Q: (By Mr. Roeder) Sir, Exhibit No. 90 is a [24] letter dated July 7,1970 to Mr. Gene Lewis at P.R. [25] Mallory Company in Waynesboro,Tennessee, and this Page 127 (1) copy is from W.B. Papageorge, the manager of [2] environmental control, and you're shown as Page 125 - Page 129 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company carbon [3] copy recipient on the first page, cor rect, up in the [4j right-hand corner? [5] A: Oh, yes. [6] Q: This is the first time Mr. Papageorge's name [7] come up in this deposition. Who was he? [8] A: Bill Papageorge has been plant manager at [9] Anniston, Alabama until 1970, when -- that's the [io] approximate time when he was moved to St. Louis to [ii] pursue the things that were com ing along on this [12] environmental stuff. There was so much of it that it [13] warranted having somebody assigned to just keeping up [i4j with what -- with this. [15] Q: Because he was plant manager of An niston, he [16] had a lot of background informa tion he would have [i7] needed to step into this job, correct? [18] A: Oh, yes. [19] Q: Mr. Papageorge, I believe, indicates in this [20] letter that he had apparently conducted a plant tour [2i] of Mallory Company's plant in Waynesboro,Tennessee? [22] A: Yes. [23] Q: Was that unusual that Mr. Papageorge would [24] conduct a tour of a client's facility? [25] A: I just got through telling you he was a Page 128 [1] plant manager at Anniston so this is new. [2] Q: I understand that, but let me rephrase the [3] question a little differently. Did Mr. Papageorge to [4] your knowledge visit other plants of cus tomers? [5] A: This isn't the only place he went, but this [6] was not a routine function of Papageorge by any [7] means. [8] Q: Certainly you had a number of customers of [9] the PCB products -- [10] A: Right. [11] Q: -- that Mr.Papageorge would nothave [i2j visited, correct? [13] A: Oh, he didn't call on most of them. He did [14] not visit most of them. He did visit a few when [15] somebody asked for this as evidently Mallory did. [i6] Then we would respond.He was available to anybody [17] to answer your question. But when people would ask, [18] we would certainly respond. And we always did [19] respond when they asked. [20] Q: This seems to me reading this letter, and [21] tell me if you share a different view, that Mr. [22] Papageorge is critical of the manner in which the [23] Mallory Company has been controlling its use of [24] Aroclors. Would that be a fair assess ment? [25] A: I have nothing to challenge in this thing.[l] Page 129 [l] I wasn't there. Papageorge was. He reports it, and [2] I'm sure it's as he reported it. 13] Q: Why were you copied on it, sir, do you know? [4] A: Well, I told you since 1953 I spent 100 [5! percent of my time in the dielectric industry. [6] Q: I understood that, but it just seemed [7] curious that -- or let's strike that. Let me [8] Gore & Perry 800 878-6750 STLCOPCB4024828 Tennessee Gas Pipeline Company v. Monsanto Company rephrase the question. What I'm wondering is, was [9] there any other reason that he carboned you on this [io] letter other than you were in volved in dielectrics? 111] A: To inform me that this transpired is the [12] answer. [13] Q: Did you have customer contacts at Mall ory [i4] Company? U5j A: Not at this plant but at the other locations US] of Mallory. I was very close to the whole -- all the [i7] people and all the customers so hap pens I was not at [is] Waynesboro,'Tennessee ever, but I knew people at [19] Mallory from way back as I did elsewhere. He is [20] sending this to me to keep me informed that this [2ij occurred and was done, not that I was suppose to do [22] anything about it. [23] Q: DA. Olson is also listed. Mr. Olson was [24] whom? At that time what was his position? [25] A: Well -- Page 130 [i] MR. CHAMBERS: Let me object to the form because [2] I think that's been asked and an swered. 13] A: Yes, we did cover it, but let's do it again. [4] Q: (By Mr. Roeder) I'm sorry, assistant to [5]Mr. Bergen at that point? [6] A: Right. [7j Q: So he was higher up on the scale? [8j A: In the business end of it. And as you know [9] by now I was a technical person. I io] Q: Right. And it shows carbon copies to H.B. Hi] Vaught, V-A-U-G-H-T? [12] A: Yes. [13] Q: Cecil Narrod, N-A-R-R-O-D? [14] A: Well, I knew Vaught. I didn't know Narrod [15] and Graham were our salesmen. [16] Q: Was this a sensitive thing to criticize a [17] customer's use of the product? [18] A: No, it's a factual thing. U9] Q: But, I mean, political was it a sensitive [201 thing? I2i] A: There was no politics in this. We are being [22] factual. We are trying to be helpful, and they asked [23] us to help or -- [24] Q: Or do you know if they asked? [25] A: Well, why would Papageorge go there if they Page 131 [i] didn't ask? No doubt they asked through Randy [2] Graham, the salesman. That's usually how this [3] happens. [4] Q: Or could Mr. Graham have asked Mr. [5] Papageorge to go there because he was con cerned about [6] practice he saw there? [7] A: That's essentially what I'm saying. [8] Q: Well. I just see a distinction between a [9] customer saying come help me out and evaluate my uses (io) of Aroclor as opposed to a salesman of Monsanto [in saying these guys may not know what they're doing. [12] They're pretty sloppy.You should go look and tell [13] them what they're Gore & Perrv 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignut September 14, 1995 doing wrong. Do you see a [i4] difference be tween those two alternatives? [15] A: Reallynot.Theyaddupinmybook,they're [16] the same tiling. And if you're asking me hov is this [17] initiated, I really don't know. It didn'' matter, fis] It was done. It was a proper thing t< do. [19] Q: I'm not questioning that, sir. I'm just [2n curious how it was initiated, and that's somethin,! [21] that you don't know? [22] A: I don't know. [23] Q: Okay. [24] (Plaintiff's Deposition Exhibit No. 91 [2` marked for identification) Page 13'. [1] (Discussion held off the record) [2] MR. CHAMBERS: Let me just note for the re cord [3] only an objection with respect to thi: document, that [4] is that it is not included amoni the list of possible [5] exhibits for Mr Papageorge's deposition or for Mr. [6] Benignus': deposition that was furnished couple days [7] age by Mr. Roeder. But subject to that, I'm preparec [8] to move ahead. [9] MR. ROEDER: Sure. And if there is any [10 prejudice, let me know. I had understood thi: was [ii] included in the list. [12] MR. CHAMBERS: Fair enough. U3] MR. ROEDER: In fact, I don't even have to a si [i4] the question. I didn't need to use the docu ment. [15] The witness is looking at it, but I won'ask [16] questions regarding the document at thi: point. [17] Q: (By Mr. Roeder) Mr. Benignus, at sonic point [18] Monsanto began developing a non-PC: related product [19] to be used in transformers didn't it? [20] A: No. [21] Q: Well, did they reformulate Aroclor 1242 tc [22] eliminate or reduce the poly- -- the chlori nated [23) compounds that had been in it? [24] A: Aroclor 1216 -- I wrote this, right? [25] Q: MCS 1016? Page 131 HI A: MCS 1016. This was -- how can I answe: [2] this? [3] MR..CHAMBERS: Go ahead. I don't think yoi can. [4] Not shortly. You can answer it but noi shortly.The [5j question again, please. [6] (The requested portion of the [7] record reac: by the reporter) [8] A: Aroclor 1242 was "altered," is the word 1 [9 would use. As we already discussed, Aroclors art [10] very complex mixture of things, and no one single [ii] thing is the premise here is that froir. what we -- by [12] this time 1970 had observed of analysis from the [13] environment, anywhere from the environment, the more [14] highly chlo rinated isomers were the ones that seemed U5] to persist the most. That didn't mean that the lower [16] chlorinated ones biodegraded entirely. But we were [17] finding in the environment somewhat of a different [i8] composition in what we made to begin with. So some [19] went on. Page 130 - Page 133 STLCOPCB4024829 Paul G. Benignus September 14, 1995 some of the lower chlorinated isomers, [20] dimin ished somewhat. Now, since the premise the EPA [21] was of the persistence I'll say the stability of [22] PCB's we reached into this complex mix which is [231 Aroclor 1242 we extracted 7 per cent. 7 percent isn't [24) a whole lot, but we were able to extract that with [25) out altering the electrical characteristics to such Page 134 m an extent that the user would have to redesign his [2) capacitors and have a major problem on his hands. (31 And there would still have accept able fire resistance [4] to be called an askarel. We had to look at different [5) things. In essence and in summary we took out, I [6] believe, it was 7 percent of the more highly m chlorinated iso mers to help satisfy the environmental [8] prob lem that was being talked about. Well, I was [9] asked to introduce this. I knew the users, the [ioj capacitor users, for many, many years. They were Hi] confident in what I would tell them. When I said, [12] No, you don't have to redesign your capacitors, they [13] believed it. We couldn't take two years to run [14] experimental life tests on this stuff. And they 115] picked on me to call on every capacitor user with [16] this information, and this is what it is. [17] Q: Okay. [is] A: You can use this as a replacement be [19] assured, but -- and that we have -- here we get back [20] to this life testing stuff that we talked about that [21] Monsanto had set up with Dr. Munch at Monsanto. We [22] had life tested this to the extent we could go and I [23] gave them that data and then gave him the electrical [24] param eters on this and assured them that the power [25] factors involving resistance would be handled very Page 135 [i] well. That's what this is and these are the people [2] that I contacted. That's what it is. [3] Q: Okay. [4] (Plaintiff's Deposition Exhibit No. 92 [5] marked for identification) [6] Q: (By Mr. Roeder) Plaintiff's Exhibit 92 is a m document or letter, copy of letter, dated October 1, [8] 1970 to Mr. F.R. Viland, V-I-L-A-N-D, senior buyer, [9] purchasing department, transformer division at [ioj Westinghouse Corporation.It's also signed by Mr. [ii] Papageorge and has Bates num bers NEV-3895 and 3896. [12] There is your -- also shows you as carbon copy (13] recipient? [Hi A: Yes. [15] Q: Now, have you had an opportunity to look at [16] this? in) A: Yes. [18] Q: I'm interested in a few things in this [19] letter, sir. Mr. Papageorge relates a conversation [20] he had with Dr. Loughry, L-O-U-G-H-R-Y, who is [2i] apparently somebody in Pennsylvania. But he is [22] waiting for lab tests relating to his study Monsanto [23) made in Gainesville, Florida area in 1938. Do you [24] see that statement? [25] A: Yes, all right. Page 134 - Page 138 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company Page 136 [i] Q: He writes, "The laboratory information I was [2] waiting for relates to a study made by Monsanto in [3] the Gainesville, Florida area in 1938. Aroclor 1242 [4] was one of several materi als applied to soil in holes [5] 15 inches in diam eter and 16 inches deep. The walls [6] are sprayed with a solution of Aroclor 1242 and the [7] soil was replaced with each layer sprayed with [8] additional Aroclor 1242." And it goes onto say [9] that, "When the hole was completely filled, the [ioj remaining solution was poured on top." Now, Mr. [ii] Papageorge indicates after 30 years, on the next [12] page, the data would indicate that the Aroclor has [13] not migrated to any significant degree.Was this [14] information important to you to allow the soil [15] migration of the Aroclor 1242? [16] A: I would say, yes, that is significant. [17] Q: Why would that be significant? [i8j A: Because it stays put where you put it. [19] Q: Even though it didn't disappear it stays [20] there? [21] A: Yes. [22] Q: Did you have any discussions with any of [23] your customers regarding the ability or the [24] characteristics of PCB's to stay there? [25] A: No. Page 137 [l] Q: Is this issue that was of interest to any [2] other customers you know other than Westinghouse? 13] A: This is the only instance that I know of [4] that it ever came up. [5] Q: Did you ever see a copy of the study of [6] Gainesville other than as reflected in this letter? [7] A: Pardon? [8] Q: Other than as reflected in this letter, did [9] you ever see a copy of that study? [ioj A: I know when the hole was dug. [ii] Q: You weren't there, were you? [12] A: Well, we talked about 1939 to '4l when I was [i3] in application research. You will remem ber -- [14] Q: Right. [15] A: -- a fellow I worked with was Ira Hatfield. [ 16] He was the one in charge of the wood treating thing [17] we talked of. And he was in Gainesville. Also it's [is] not mendoned here in Mississippi. I shouldn't talk [19] -- he dug a hole there too, and he tried Aroclor 1242 [20] is what he did. And he dug a hole, then he mixed [2i] 1242 with the ground. He then put an untreated [22] two-by-four in the center of the hole, and he put the [23] ground back to see if the treatment with 1242 would [24] keep the termites away. That's what this was. And [25] he did that in 1938. And dien 1939, from there to[l] Page 138 [l] '411 was with Hatfield every day, and this was the [2] work -- he worked on this. But 1242 experiment was a [3] thing he looked into among other things, and it was [4] never used. And the interest at Monsanto was use [5] pentachlorophe- Gore & Perry 800 878-6750 STLCOPCB4024830 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignus September 14, 1995 nal.They weren't interested in this, [6] and it never went commercial. They never -- it was [7j never used commercially. But I knew of the hole [8] being dug. I didn't know that many years later, [9] whenever it was '69, they dug up the hole and HO) analyzed this until I saw it. Hi] Q: Well, did you tell Mr. Papageorge about this [12] experiment? U3] A: No, I think he ran across it somewhere. I [14] sure didn't tell Papageorge. [15] Q: Oh, okay. But you heard about the [16] experiment as basically as the experiment was being [17] conducted? [is] A: It wasn't conducted for this purpose. The [i9] hole was dug and Hatfield followed it, and Hatfield [20] wasn't with Monsanto anymore at tit is time. But the [2i] hole was there, and they ran across it somehow, and, [22] well, let's dig this up and see, you know, does it [23] migrate, or did it, and to what extent. [24] Q: This is information that was shared with [25] Westinghouse in Mr. Papageorge's letter to F.R. Page 139 [1] Viland? Did I say that correctly? [2] A: Yes, I guess. 13] Q: Do you recall this information being shared [4] with any other users of PCB products from Monsanto? [5j MR. CHAMBERS: You mean by Mr. Benignus? [6] Q: (By Mr. Roeder) Or anyone? [7] A: No, nothing was ever used, nothing came of [8] it. But somehow or other they ran across this, and [9] they kept records, I guess, a lot of -- Lawyer's Notes [9] Q: Well, in earlier testimony I think you had HO) described it as with respect to the GE meeting that [ii] "you can't call on everyone and their dog," you know? [12] A: I said that? U3] Q: You said that in your testimony in the [ 1-4] Transwestern case. U5] A: But if they wanted to come with a dog, we'd [16] say bring it. [17] Q: Okay. So any dog could show up? [18] A: Any dog. U9] Q: Okay.With respect to any other dogs,we'll [20] attend to them as they bark. [21] A: Okay. [22] (Plaintiff's Deposition Exhibit No. 93 [23] marked for identification) [24] Q: (By Mr. Roeder) For the record, Plaintiff's [25] Exhibit 93 is a letter from you to Mr. P.J.A. Marsh Page 141 [l] dated January 25,1971. It's Bates numbers [2j TRAN-37340 to 37341. This is a letter you wrote to [3) Peter Marsh, isn't it? [4] A: Yes. [5] Q: And, I guess, what I'm interested in, sir, [6; is the context of this letter or memorandum arises m out of a claim that Monsanto had PCB's produced by [8] Monsanto had caused pollution problem in Europe? [9] A: Sweden. [10] Q: Right, Sweden is in Europe, correct? [11] A: Whatever extent -- whatever you mean by [12] problem. [10] Q: Was Westinghouse a large purchaser of [in dielectrics? [12] A: Oh, yes. [13] Q: Were they number two after General Elec tric? [14] A: Yes. [15] Q: So if we were to examine the records, would [16] it be fair to say that out of all of the PCB-related [17] fluids General Electric was the largest consumer, f 18) correct? [19] A: Yes, yes, dielectric. [20] Q: And Westinghouse was second? [21] A: Yes. [13] Q: All right. On the second page of your [i4j letteryou write, "Given 10 years or 20 or 30 years. [15] most all of the capacitors produced will have failed [i6] or become obsolete and in any even returned to [17] mother earth. This is what the pollution problem is [is] all about, not just one year's operation --" and you [ 19] described the plant there. [20] MR. CHAMBERS: It's Liljeholmen is the way [21] that's pronounced. [22] Q: (ByMr.Roeder)That'sastatementthatvou [23] wrote, correct? [24] A: Yes. [25] Q: That was true, wasn't it, that the pollution [22] Q: Now, we've seen a couple letters from Mr. [23] Papageorge to dielectric customers specific ally. [24] It's clear, isn't it, sir, that you didn't have ' i a [25] meeting like you did with General Electric f with every Page 142 [l] problem is all about not just one year's opera tion [2] but operational over time, a cumulative effect of use [3] of these products, isn't that correct? Page 140 m customer? [2] A: That's correct, we couldn't. [3] Q: Right. [4] A: But before we leave it, anyone was wel come [5] if they had requested it. Jm [6] Q: Well -- [7] A: We wouldn't preclude anybody from meet ing [8] with us. [4] A: Yes, that's the essence of this. In 1971 [5 nobody understood it really. But what's going u [6] come up in the future, in futiue years, 30 years from [7] now -- [8] Q: But so with respect to the -- [9] A: Right now there is no pollution problem. [10] Q: Well, here with respect to the capacitors HD specifically you knew that they will all fail at some [12] point or will be taken out of service ar some point? M Gore & Perry 800 878-6750 Min-U-S cript Page 139 - Page 142 STLCOPCB4024831 Paul G. Benignus September 14, 1995 [13] A: And discarded. [14] Q: And whatever is inside will return to mother [is] earth as you -- [16] A: That's what I said. [17] Q: -- as you say in your memorandum.That's [is] true of all uses that were made of the PCB related [19] materials that Monsanto produced, isn't it? [20] A: I would say that that's true to most [2i] everything, isn't it? [22] Q: Without getting philosophical, I think [23] that's probably correct. [24] A: Including us. [25] Q: It's not Ash Wednesday either, but the point Page 143 HI is that you believe that it was an accumulation over [2] years that would really cause the problem to occur; [3] isn't that correct? [4] A: It would put more and more, not less and [5] less, it would tend to put more and more and more PCB [6] into the environment, yes. It would continue to be [7] used and made. [8] Q: And if not stopped and if not remediated, [9] the problem would continue, correct? [10] A: Whatever the problem, if any, would con tinue [ii] relative to what I just said. [12] (Recess) [13] (Plaintiff's Deposition Exhibit No. 94 [14] marked for identification) [15] Q: (By Mr. Roeder) Sir, have you had a chance [16] to look at Exhibit No. 94? [17] A: Yes. [is] Q: For the record, that is memorandum from [19] Cumming Paton. Is that how you pronounce the name? [20] A: Yes. [21] Q: To number of individuals, and you're shown [22] as receiving a copy? [23] A: Yes. [24] Q: Is this a document that you received in the [25] ordinary course? Page 144 A: Yes. [2] Q: It bears Bates number TNGS-8480 to 8483, and [3] it relates to a PCB presentation from Mr. Paton to [4] the individuals addressed in this memorandum. Did [5] you attend a presentation or discussion with Cumming [6] Paton on or about October 14,1971? [7] A: No, because I wasn't up until what was it [8] Q: For all midnight after 17-hour day? [9] A: Yes, I wasn't there. [10] Q: Good for you. Under the dielectrics, [in though, under number 2, "Customers" there is a [12] statement that says, "Effective October 4, dielectric [ 13] fluids must be approved prior to order entry by P.G. [i4] Benignus or C. Paton and W.P. Papageorge orT.L. [15] Gossage." Do you see that? [16] A: Yes. Page 143 - Page 146 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [17] Q: Was that, in fact, what happened that no new [is] orders could be approved for the dielec tric area? [19] A: Well, I never did that function, but that [20] was done. This is 1971 and we were supplying on a [2i] hold harmless arrangement by then, I would think. [22] Q: Then later on down on this document talks [23] about customer notification and domes tic? [24] A: Yes. [25] Q: And it says, "A letter on the pollution Page 145 [l] aspects of PCB's willbe sent to customers.This is [2] being cleared with the legal department." Did I read [3] that correctly? 141 A: Yes. [5] Q: Do you recall, sir, examining any of these [6] letters that were cleared by the legal depart ment [7] prior to the time they were sent off? [8] A: No. [91 Q: Just beneath that under the entry "ANSI," [io] A-N-S-I, it states, "An S.I.B has been written on the [ii] formation of committee C107 of ANSI. This committee [12] will address itself to the problems PCB's pose for [13] the dielectric indus try? [14] A: Yes. [15] Q: What's "S.I.B"? [16] A: I would assume it's sales information [17] bulletin. [18] Q: All right. But you are familiar, are you [19] not, with the formation of committee of ANSI that [20] would address itself to the problems PCB has posed [21] the dielectric industry; isn't that correct? [22] A: I was chairman of the steering commit tees. [23] Q: How long were you chairman of that steer ing [24] committee? [25] A: Honorary1,1 didn't do anything.* 1 2 3 * 5 6 7 8 * [io] * * * Page 146 [1] Q: You were honorary chairman? [2] A: Honorary. [3] Q: Did you attend any meetings of that [4] committee? [5] A: Oh, yes. [6] Q: And -- [7] A: All of them. [8] Q: All of them. Okay. How long did that [9] committee exist? [io] A: Well,for several years,forseveralyears.ini See, this is being written in 1971, and it was [12] finally shut down in 1977. And in this period [13] Monsanto was supplying under hold harmless [ 141 arrangement, and these restrictions, verytight [15] restrictions, but with government approval. Now, [16] ANSI-C107, that was a -- the purpose was to decide [i7] what can be done, what should be done on this [is] problem. And my function as chairman of the steering [19] committee was to nominate people who were qualified [20] to work on this and handle this, in one aspect for [21] Gore & Perry 800 878-6750 STLCOPCB4024832 Tennessee Gas Pipeline Company v. Monsanto Company transformer industry and other aspect for the [22] capacitor industry, working together because they did [23] have somewhat different problems, and we formulated [24] the committee. Every one in the industry was [25] welcome.anditall started with American Society of Page 147 [i] Testing Materials, that's where it originated was [2] working. Then it went up through the transformer [3] committee and the capacitor committee. It went up to [4] Newman National Electrical Manufacturers Association, [5] And then the next step was to formulate at American [6] National Standards Institute Committee, C-107 [7j specifically to do this. Now, after committee C107, [8] comes Congress, the Federal Register. That's where [9] it was going to go to the govern ment, if you get [io] this. Hi] Q: I'm not sure I understand it. You were [12] hoping by having the committee what would happen? [13] A: Not hoping, it was supported and spon sored, [14] paid for by the government, by Con gress. And what [is] would evolve from the work at ANSI-C107 would be the [16] directives, you might say, the information, what can [17] be done and what could be done, what should be done [18] on behalf of the law of our land. H9] Q: So if I understand your testimony, the [20] expectation was that after ANSI-C107 that there would [21] be laws that would be introduced that would allow for [22] the proper use of dielectric fluids in a continuation [23] of those? [24] A: Yes, that's what one would say. In other [25] words, when you get to ANSI -- what I'm trying to say Page 148 [ij to you is when you get to ANSI-C107 you're at the [2] end. The next thing comes the law of the land and [3] what is proposed and if it's accepted at ANSI, if [4] it's feasible, if it's reasonable, that, then, is the [5] law of the land. [6] Q: So the idea in forming this committee was to [7] ultimately secure legal ability to continue to use [8] dielectric fluids under requirements that would be [9] set in place for its proper use? no] A: Yes, because at this time the materials were [11] being supplied to the electrical industry. No one [12] knew at this time would that be able to continue or [13] wouldn't it. This was done certainly with the hope [i4j that it could be continued, but it wasn't successful. [15] Q: Right, it was formed with the hope there [16] would be legal protection that would allow you to [17] continue? [18] A: Well, that it would be proper to continue. [19] Q: Well, what went wrong, sir? How come -- [20] A: What went wrong? [21] Q: In that respect? [22] A: Simple, EPA -- and I'm not going to say EPA [23] was right at all, most of the time in my book they [24] were altogether off crack. EPA, to answer vour [25] question, stated that hyphen, which you have a Gore & Perry 800 878-6750 Lawyer's Notes Min-U-Script Paul G. Benignus September 14, 1995 Page 149 [i] drawing of, was as little as one chlorine and not [2] acceptable to EPA. Well, it's the end of it. You're [3] done. [4] Q: That's the same conclusion that the Japan ese [5] had reached, isn't it? [6] A: Not for the same reason. [7j Q: But it is the same conclusion, isn't it? [8] A: It's the same conclusion. [9] Q: And it was not -- [10] A: But for a different reason. Hi] Q: Well, did you undertake any attempts to [12] speak on behalf of the continued use ofPCB 's and [13] dielectric fluids to represent as a con gressman? [14] A: Yes. [15] Q: Who did you speak with? [16] A: I was at a meeung when we tried to ex plain [17] things to Congressman Siberling. [18] Q: Could you spell that for the record, or do [19] you know? [20] A: Siberling tires. You spell it [2i] S-I-B-E-R-L-IN-G. (22j (Discussion held off the record) [23] Q: So you had discussion with Congressman [24] Siberling of Ohio? [25] A: Yes. Page 150 [l] Q: Your view that continued uses of PCB re lated [2] dielectrics ought to be allowed? 13) A: Pardon? [4] Q: That the continued use of PCB dielectrics [5] ought to be allowed? [6j A: Essentially, yes. [7] Q: Were you alone in meeting him, or did you [8] meet him with a group of people? [9] A: No, I didn't initiate this. This was [io] initi ated by Stanley Myers, a brilliant fellow, who u: was in the cleaning business of transformer fluid and [12] had trucks that went where transformers were in use [13] and the fluid was to be upgraded or disposed of, and [14] we tried to get through to the congressman how many [i5] trillions of dol lars which was the debt ofthe [is] country' would have to be spent to do what was being [17] asked to be dpne. And, of course, this is [is] preposter ous. But the congressman, I assure you, and [ 19: this was serious, took it all down, and he was a [20] chairman of the committee and congress on this I [2i] guess, quote, pollution activity', EPA business, he [22] was chairman of that committee, and we appraised him [23] of the commercial situation if they're going to do [24] what some people think is going to be done. [25] Q: Well, you and this other individual Stanley1 2 Page 151 [1] who? [2] A: Stanley S. Myers, M-YE-R-S, who was in [3J Cuyahoga Springs, which is suburb of Akron. 14] Q: Cuyahoga? [5] A: Cuyahoga River, which runs through [6] Cleveland, I believe, in the Akron area, right. Page 147 - Page 151 STLCOPCB4024833 Paul G. Benignus September 14, 1995 [7j Q: This was his business, and he was qualified [8] to talk about it, and he had his people there. I [9] wasn't the only one from Monsanto. I don't know who [io] else, but-- and I'm merely answer ing your question. [ii] It didn't do anything. The EPA didn't change [12] anything, and it went to a halt. [ 13) Q: Well -- [i4j A: Congress said you can produce this stuff U5i until 1977, then that's the end of it. [16] Q: Well, so, if I understand correcdy, you [i7] went to see the congressman prior to the time you [18] retired from Monsanto. Were you still employee at [i9l that time? [20] A: I retired in '74, and then I continued for [21] six months as a consultant. Shortly before it. [22] Q: So on or about the time in '74 that you [23] retired that you went to visit the congressman? [24] A: That's fair. I don't know the exact time. [25] Q: But it certainly wasn't after you retired Page 152 [i] and stopped your consultancy, correct? 12] A: Yes, that's correct. [3] Q: So you lobbied the congressman with someone [4] else from Monsanto that you can't recall, Mr.Myers. [5] And do you recall anyone else who's any [6] representatives of the capacitor industry or the [7] transformer industry? [8] A: No, not that I remember. [9] Q: Did you speak with anyone else other than [10] the congressman? Were there more congress? [ii] A: No, he was alone. [12] Q: He was the chairman of the committee? [13] A: Yes, he was. [14] Q: Something like the house environmental [is] committee? [16] A: Yes. [17] Q: The committee had oversight over the [is] Environmental Protection Agency? [19] A: Yes. [20] Q: Did Monsanto authorize you to speak out -- [2i] speak to Congressman Siberling concern ing this [22] effort? [23] A: It isn't really clear to me. This is right [24] when I was in the process of retiring. [251 Q: But in any event --* 11 Page 153 ID A: It could be I was retired at this point. 12) Q: But in any event, people at Monsanto knew [3]that this was not a secret you were going to go see [4] the congressman? [5] A: No. [6] Q: Was this effort with respect to Congress man [7j Siberling, was it something that the ANSI Committee [8] itself voted on? [9] A: No, but he knew of the -- I assume he would [io] have known of the work of ANSI. [11] Q: Did you discuss these attempts or [12] dis cussions with Mr. Raab of General Electric? U3] A: I really -- I don't know. There is no [14] reason why I wouldn't. But whether I did, I really [15] don't know. Page 152 - Page 155 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [i6] Q: Well, at some point, sir -- well, we are [17] getting ahead of ourselves. [is] (Plaintiff's Deposition Exhibit No. 95 [19] marked for identification) [20] Q: (By Mr. Roeder) Sir, I have shown you [2ij Plaintiff's Exhibit 95, which is a memorandum you [22] wrote to H.R. Ford dated October 22, 1971. It's [23] Bates number 88347 through 88349, and the prefix is [24] TRAN,T-R-A-N.That's a mem orandum you wrote to Mr. [25] Ford in 1991, isn't it? Page 154 [1] A: Yes. [2] Q: Now, what was the purpose of your mem orandum [3] to Mr. Ford? [4] A: Well, Ford was district manager at Atlanta, [5] Ray Ford was. And this has to do with dielectric [6] fluid, about proper disposal of scrap. And I can't [7] do it other than what the member em ployee says. [8] Q: Let me ask the question this way, sir. At [9] this point, about October 1971, you got an [10] incinerator at the W.G., is it Krummrich -- [11] A: Krummrich. [12] Q: -- Plant in Sauget, Illinois? [13] A: Yes, that's East St. Louis. [14] Q: Right, just across the river from St. Louis, U5] right? [16] A: Right down here, yes. [17] Q: And that was the plant to which custom ers, [is] if they wanted, could send used PCB-re lated fluids [19] and that plant would then incin erate them, correct? [20] A: For $.03 a pound. [21] Q: And that's what it so indicates, right? It [22] says send scrap fluid to us at Sauget, Illinois for [23] incineration at $.03 a pound? [24] A: Yes. [25] Q: This was a message that you attempted to Page 155 [1] communicate to all of your customers, isn't it? [2] A: Yes. 13] Q: We got it here, send it here, it was [4] economical price to incinerate the stuff? [5] A: Are you kidding? [6] Q: Was it, was it expensive to incinerate, or [7] was it economical? [8] (Discussion held off the record) [9] A: It didn't -- it didn't work properly. [10] Q: The answer is the incineration didn't work [ii! properly? [12] A: This is property Monsanto built an [13] incinerator. Now, the incineration to decompose this [14] thermally stable stuff we talked about, you need [15] 2,000 degrees Fahrenheit. The re fractory brick [16] wouldn't take it. This sort of thing didn't work in] properly, and we did get stuff back, drums, to the [is] extent that the plant got upset. We had drums all [ 19] over the place there. But the incinerator wasn't [20; working. It took years to set up incineration that [21] would work, and it wasn't at Monsanto, it was [22) else where. There were several places. Gore & Perry 800 878-6750 STLCOPCB4024834 Tennessee Gas Pipeline Company v. Monsanto Company [23] Q: So if I understood your answer is that the 124] temperature required to really incinerate the stuff [25J was so hot that the brick that was used at Krummrich Page 156 ID would itself crumble before the Aroclors would be [2] incinerated? [3] A: You got it. [4] Q: Stable stuff? [5] A: It is. [6] Q: But one thing that interests me about the [7] letter here, sir, your memorandum is that the point I [8] thought you're trying to make, and tell me if I have [9] misunderstood it, is that you wanted to let your [to] customers know that incineration was available to [it] them and Monsanto would handle it, correct? [12] A: Right. U3] Q: And you would have taken steps to let the [14] customers know that incineration was avail able, [15] right? [16] A: Yes. [17] Q: But you state, "However, notwithstanding all [is] our efforts I suppose that communication remains the [19] world's number one problem." That's what you wrote, [20] isn't it? [2i] A: Yes, that's what I said here for some [22] reason. [23] Q: Okay.Well, when you wrote ityou thought [24] it was true? [25] A: Yes. Page 157 [l] Q: Do you think it's not true now? [2j MR. CHAMBERS: Let me object to the form. You [3] mean just a general principle oryou mean in terms [4] of -- [5] MR. ROEDER: Either way. [6] MR. CHAMBERS: -- this memo? [7] Q: (By Mr. Roeder) Either way. [8] A: Well, I'm reading. "Therefore, if indeed [9] John Fredrickson is encountering our own cus tomers no] not fully informed please write to them or carry this [in message to them, and do inform them that they can [12] send it back for incineration." [13] Q: Sure, but the question I asked you, sir, is [14] that you had written in your memorandum that [15] notwithstanding your efforts to tell peo ple to [i6] communicate with them that you thought that [i7] communication remains the world's number one problem. [i8] And didn't you mean it's difficult to get the point [19] across, sir, unless you really sit someone down and [20] ex plain it to them fully; isn't that correct? [2i] A: That's the vein it was said in. It's [22] diffi cult to reach all the people. It's difficult, [23] number one, to reach them, and probably some what [24] difficult to get the new thing across to them both. [25] But it's not easy to reach all die customers with Page 158 [i]'something they never heard of before. Gore & Perry 800 878-6750 Lawyer's Notes Min-TJ-S cript Paul G. Benignus September 14, 1995 [2] Q: And to get a point like this across, for [3] example, with J.G. Fredrickson -- [4] A: Yes. [5] Q: -- you need to not only write to them again [6] but, perhaps, carry the message to them di rectly, [7] correct? [8] A: Correct. 19] Q: You need to make special efforts to [101 communicate the information to the people who are in [ 11 ] the best position to solve it or to process [12] information, correct? [13] A: Yes, and I don't know who he was talking [14] about. It menuons Kuhlman. They were a [ 15] manufacturer of transformers, a small manufac turer of [16] transformers. [17] Q: So they're one of the transformer custom ers; [18] is that correct? [19] A: Excuse me, let's explore this a bit. "As we [20] cannot cover this thing for Kuhlman's cus tomers and [2i] the endless number of others out in the field,please [22] advise Kuhlman." Now, the point here is Kuhlman [23] makes transformers, they buy askarelfrom Monsanto, [24] put it in their equipment. We don'tknow where that [25] equip ment goes. Those are Kuhlman's customers. Page 159 [l] Kuhlman should know where they sold trans formers too, [2] we don't know. And I think one thing being said here [3] is how do you get the message to these users if they [4] have need to send fluid back. You see how [5] complicated this gets? [6] Q: I do. I do. But when you know who the end [7] user is -- [8] A: Yes. 19] Q: -- you could take steps to insure that end [10] user knew the gravity of the problem, cor rect? [11] A: We wouldn't know who the end user is. [12] Q: I understand, but my point is, sir, with [13; respect to Kuhlman Electric you know the peo ple you [i4] sell to -- [15] A: Kuhlman. [16] Q: -- is Kuhlman? [17] A: We appraise them, and that's essential]]' [is] what we're saying here. [i9] Q: And you have to rely upon Kuhlman to teh 120] the people you don't know about? [21] A: Correct. [22] Q: But if you know the purchasers of Kuhlman's [23] product, then you could take the steps necessary to [24] overcome the world's number one problem of [25] communicating di rectly and clearly to those Page 160 HI individuals if you know who they are, right? [2i A: Chances are we would never know. [31 Q: Right. But if you did? 14] A: We would appraise them of it.But Kuhlman [51 should, they ought to know who they sold ii to. It's [6] that kind of a thing. Page 156 - Page 160 STLCOPCB4024835 Paul G. Benignus September 14,1995 [7] Q: No one else, as you can recall, disputed any is] of the statements in this memorandum, did they? [9] A: No. [10] Q: Even Mr. Fredrickson? [11] A: I gather he was a salesman it sounds to me. [12] Q: But you certainly knew Cumming Paton, right? [13] He is listed as a recipient? [14] A: Yes. Well, I wrote the thing. [15] Q: Right, and Mr. Johnson? [16] A: Yes. [17] (Plaintiff's Deposition Exhibit No. 96 [is] marked for identification) [19] Q: (By Mr. Roeder) Exhibit No. 96 is a call [20] report, organic division, and you're listed as [21] recipient of this report, aren't you? [22] MR. CHAMBERS: Let me object to the form because [23] I don't see Mr. Benignus listed as recipient of the [24] call report. (25) Q: (By-Mr. Roeder) Sure. Well if you look Page 161 [1] there is a square, isn't there, sir? It's a stamp, [2] and it has P.G.B. there? [31 A: Yes. [4] MR. CHAMBERS: That's a routing block as op posed [5] to the call report being addressed to -- directly to [6] him. That was the point I needed to point. [7] MR. ROEDER: The tenor of your objection is a [8] formal one? [9] MR. CHAMBERS: Right. [10] Q: (By Mr. Roeder) But that's a routing block, [11] that would indicate it went to you, right, sir? [121 A: I don't know if it's a block saying it went U3] to me or I was crossed off. My name is -- my [i4] initials are crossed off. I'm confused by that, but H5) okay. [16] Q: Okay. But P.G.B. is you, correct? [17] A: Is me. [18] Q: Would you receive call reports in the (19) ordinary course? [20] A: No, really not. [21] Q: Well, this routing block is something which [22] has been pressed on this document after it's typed [23] up, right? [24] A: Yes. [25] Q: So there wouldn't be any utility, would Page 162 [l] there, sir, to put a routing block on after the [2] document is typed up just to cross one off, would [3] there? [4] A: That's the point, no, there wouldn't. And [5] this went to Paton. I guess his secretary stamped [6] this with -- I don't recall this thing, but and U.S. [7] Steel -- I don't even know who the application is [8] about. [9] Q: Well, this is the issue I'm interested, sir, [ioj and it's a modest one. The discussion here is of a [ii] conversation with someone that U.S. Steel in Baytown, [12] Texas, date of call, 6/16/72. And they're talking to [ 13] Mr. Bob Peterson of U.S. Steel; isn't that correct? Page l6l - Page 164 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company [14] A: That's what it says, yes. [15J Q: It says, does it not, "We discussed the [i6j entire PCB situation with Peterson and Rowland, and [17] now I feel they have a reasonably good understanding [i8] of the problem." But the prob lem is -- let me go a [19] sentence prior to that, "Peterson is of the opinion [20] that Rorrance has already changed their system with [21] the assis tance of Monsanto from PCB to non-PCB fluids [22] and has flushed the system to remove all residual 123] PCB's." Do you see that statement? [24] A: I see it. [25J Q: It also says, does it not, sir, "Peterson Page 163 [i] recognizes he will not get to zero PCB's even if he [2] drains and flushes his system. We did provide him [3] with the name of the labs which we would be willing [4] to recommend for analyt ical work on PCB's." Do you [5] see that, sir? 16} A: Yes. [7] Q: Do you agree with that statement that -- [8] A: Yes. [9] Q: -- simply by flushing and draining doesn't [10] eliminate all the PCB's? [ii] A: Yes, zero, that's difficult to do. Zero is [12] zero, you know. U3] Q: My client appreciates that, sir. But the [i4] point is that as of 1972 another customer, this time [15] in Baytown, Texas, thought that all you had to do to [16] get rid of PCB's in a system would be to drain it and [17] flush it and put in the non-PCB related fluid, [18] correct? [19] MR. CHAMBERS: Let me object to the form to the [20] extent you're characterizing what some other customer [2i] knew or did not know. Certainly whatever is stated [22] in this memo as you read it is what it states, but [23] beyond that [24] Q: (By Mr. Roeder) All right. You want the [25] question read back?* I [1] A: I don't know what you want. Page 164 [2] Q: All right, let me rephrase the question. In [3] this memorandum one of your salesmen is reporting [4] that as of this time,June 1972, at least one of his [5] customers thought that to get rid of the PCB problem [6] all you needed to do was to drain the PCB fluids, [7] flush the system, and then add non-PCB fluids, [8] correct? [9] A: That's what it says. [10] MR. CHAMBERS: Let me object to the form. I [ii] think it says that Peterson recognizes he will not [12] get it to zero PCB's even if he drains and flushes [13] his system. [14] Q: (By Mr. Roeder) Right, that's what it says [15] later, sir. But prior to this meeting didn't this [16] reflect an understanding as reported by one of the [17] salesmen at Monsanto that a customer believed all he [is] had to do was drain, flush, and add new non-PCB [19] related fluids to remedy the situation? [20] A: First of all, I'm not in this area, that's [2ij number one. Secondly, to me it reads a bit fuzzy. [22] One way I'd say yes, and one way I'd say no, Gore & Perry 800 878-6750 STLCOPCB4024836 Tennessee Gas Pipeline Company v. Monsanto Company and [23] that's the way PCB's removal was handled was to first [24] drain, then flush until down to a certain acceptable [25] level. It will never get to zero, but it gets to Page 165 m some acceptable level. Now, what is the ac ceptable [2] level? Well, somebody, I guess a sales man, we did [3] provide him with a name of the labs which would be [4] willing to recommend for analytical work on PCB's to [5] find out where does he get. So nobody at this stage [6] knows what he can accomplish. And yet earlier it [7] says that Torrence -- U.S. Steel at Torrence had [8j drained out the PCB, flushed it, and it says system [9] to remove all residual PCB's. no] Q: It says, "That Torrence is in trouble as a [ii] result of polychlorinated biphenyl pollution, " [12] correct? U3] A: Let's see,Peterson had received a callfrom [14] his counter-part in the Torrence,California [is] operation of U.S. Steel, indicating that Torrence was [i6] in trouble as a result of polychlorinated biphenyl [17] pollution." Well, I don't know how that pollution [is] came about, you know, what happened here, I don't [19] know. [20] Q: Let me ask the question differently, sir. [2ij In any of the letters diat were sent out to custom ers [22] that you saw, any warning letters, was there any [23] discussion that you can recall as you sit here today [24] of advising the customer that changing the fluid, [25] flushing it may not be enough, and that you'd also Page 166 Ii] need to require the services of the lab to do [2] analytical work to determine whether the PCB problem [3] had been remediated? [4j A: I'm not conversant with that at all. [5] Q: But that's something you understood, isn't [6] it, sir, at the time you were at Monsanto as simply [7] draining it, flushing it, and putting PCB's in a [8] system might not be enough to remediate the problem? [9] A: It may not and it may be enough. How do I [10] know. After all, when transformers were changed out, [ii] when P -- this isn't dielectrics to begin with. [12] Q: Right. [13] A: But when, say, a transformer with PCB [14] dielectric fluids say Pyranol that's the way the [15] things was done, it would be flushed out, then they [16] -- excuse me, drained, and you can't drain it all the [17] way out. It can't get it all out. Now, the next [is] thing is to flush it with solvent and do so until in [19] one way or another it's determined or estimated that [20] it's within tol erable limits. You didn't have to get [2i] all of it out, you know. There were limits set and [22] allowed. See, I don't know what the limits are here [23] or what they're doing. It is not enough for me to [24] judge this thing. It was not in my area. [25] Q: All right. In any event, assuming you Page 167 [ 1 ] received this, you wouldn't follow up because this [2] would be in the -- under the domain of Mr. Gossage? Gore & Perrv 800 878-6750 Lawyer's Notes Min-U-Script Paul G. Benignus September 14, 1995 [31 A: Well -- . [4] Q: Or Mr. Johnson? 15] A: Let's see, who -- well, this was 1972. [6] Well, first Norm Johnson, the sales manager over the [7] district, the overseer of the district and their [8] problems and needs, he'd be the first one, I would [9] think, that you'd initiate something. I can't even [10] tell from the initials who some of these other people [ii] are. Gossage wouldn't have gotten into this. I sure [12] wouldn't get into it. F.H.L., that's Frank [13] Langenfeld. He was a manager in the area. I don't [14] know, C.P. that's Cumming Paten. I just don't know. [15] Q: Okay. [16] A: But it didn't go unattended is what I'm [17] wanting to say. [18] Q: There would be somebody to who on a [19] technical side of this matter should have been [20] addressed to? [21] A: Well, not addressed to exactly,but I'm sure [22] it didn't just leave hanging is what I'm saying. [23] Q: All right, okay. [24] A: But I am pointing out where he says to zero, [25] not necessarily to zero. That didn't make sense. Page 168 [l] Q: But you thought, did you not, sir, based [2; upon your knowledge of PCB -- 13] A: Yes. [4] Q: -- in the late '60s and early '70s that even [5] if the fluid were drained from the system that there [6] is still would be PCB's existing in that system? [7] A: Certainly in transformers you don't get it [8; all out of the core. [9] Q: And in fact -- [10] A: You say this one transformer, I gather. I [ 11; don't know who it was. [12] Q: Based upon your knowledge as reflected in [i3] your notes about the Japanese incident, there could [14] be PCB's that would be emitted if stainless steel [15] piping were used? [16] MR. CHAMBERS: Object to the form. Th;c really [i7] mischaracterizes the earlier testimoir [is] Q: (By Mr.Roeder) I don't think so,but let [m me just rephrase the question so it's clear. Your [20] testimony earlier, sir, was with respect to systems [21] that involved stainless steel and PCB's? [22] A: Yes. [23] Q: If there's any thermal strain on the system. [24] any heat or excessive heat, then it was well known [25] that PCB's could also be emitted through cracks in Page 169 [1] the stainless steel? [2] A: If there were stainless steel stress [3] corro sion, yes. [4] Q: So that could happen as well, and those [5] PCB's would then be emitted in that area? [6] A: And the OSHA thing, yes. But I don't know [7] what this thing is here. Page 165 - Page 169 STLCOPCB4024837 Paul G. Benignus September 14, 1995 [8j Q: That would be -- then we would know, would [9] we not, as well that based upon the information out uoj of the 1938 study in Gaines ville, Florida that if it [ii] went into the ground it's more likely not to stay [i2] right there? [131 A: No, the opposite. [M] Q: More likely than not to stay right there? [15] MR. CHAMBERS: I thought your initial ques tion [16] was that they were more likely than not not to stay [iv] there. [is] Q: That's what I said. And you also knew from [19] the Gainesville study results Mr. Papageorge reported [20] in this letter to Westinghouse that if any PCB were [2i] emitted from a system and the land on the ground [22] surrounding whatever system they were in, they more [23] likely than not would stay right where they were [24j emit ted? [25] A: In essence, yes, they were more likely to Page 170 [1] stay. [2] (Discussion held off the record) [3] (Plaintiff's Deposition Exhibit No. 97 [4] marked for identifi cation) [5] Q: (By Mr. Roeder) Exhibit 97, sir, is a [6] mem orandum dated January 20, 1972 to Mr. Papageorge [7] regarding askarel dielectrics. It has Bates number [8] TRAN-21185 to 21186.Is this the document you [9] prepared? [io] A: Yes. Hi] Q: What was the purpose of this memoran dum, [121 sir? [13] A: Well, look at the table on the first page, [14] prime product, and the product the first one is [15] Aroclor 1254. In 1254 it's suppose to be [i6j predominantly five chlorine atoms, which means 54 [17] percent by weight. That's what that 54 means. That [i8] reflects the compound as five chlorine atoms. Then [19] the next approximate higher PCB content five chlorine [20] and higher. Well, 76 percent of it is five chlorine 1211 orhigher. Well, the product 1254 it's prime use [22] period was until about 1952 then, in the electrical [23] industry I'm talking about, it wasn't used any more. [24] There was a conversion to 1242. Now, with 1242 [25] there, which is 42 percent chlorine by weight,* 1 Page 171 [1] meaning three chlorine atoms. That's a lot less [2] chlorine. The higher chlorine content, five chlorine [3] and higher in 1242, is only 7 percent. That's a big [4] reduction from 76 percent is the point of this. Now, [5] it's area of popularity was 1952 to 1970 time frame. [6] The third product is Aroclor 1016. Remember we spoke [7] how we reached in there and pulled out essentially 7 [8] percent of the higher chlorinated? 19] Q: Yes. [io] A: Okay, that left 3/10ths of a percent, [ii] That's a lot lower than 7 percent and great deal Ii2] lower than 76 percent. It's period prime products [13] started in 1971 until the end of the thing. What [14] this is reflecting is the marked decrease in the [15] amount of higher chlorinated biphenyl isomers that [is] entered the picture and Page 170 - Page 173 Lawyer's Notes Min-U-S cript Tennessee Gas Pipeline Company v. Monsanto Company would have entered the [17] environment or whatever this is what this is all [is] about. U9] Q: So this was a memorandum that you had sent [20] to Mr. Papageorge to indicate how -- [21] A: Yes. [22] Q: -- market niches, as it were, of your [23] product had changed over time? [24] A: Yes, how the higher chlorine isomers re duced [25] over a period of time. Page 172 HI (Plaintiff's Deposition Exhibit No. 98 [2] marked for identification) [31 Q: (By Mr. Roeder) For the record, Exhibit 98, [4] memorandum from David Wood at St. Louis to you, Mr. [5] Gossage, Mr. Papageorge, Mr. Paton, and Mr. Richard. [6] It's dated July 18,1974, and it bears Bates numbers [7] TRAN-28069 to 28071 .By this time, sir, had Mr. Wood [8] moved from Britain to St. Louis? [9] A: Correct. [10] Q: And it references a program that was going [in to be planned to discuss a number of things relating [12] to environmental problems relating to PCB's. Do you [13] see that? [14] A: Yes. [15] Q: Did you participate in that program? [16] A: Yes. [17] Q: When did you retire? [is] A: I retired, I think it was October'74, and [19] this is July 18, August, September and -- [201 Q: So this is one of last things you -- one of [21] your last official acts? [22] A: The last hurrah. [23j Q: What was the purpose of this meeting, sir, [24] this program? [25] A: Well, this -- by this time, 1974, a great Page 173 HI deal more information had come to light than was [2] known about in, say, 1969 or 1970. A great deal of [3] work, just a tremendous amount of work had been done. [4] So people had much more insight and understanding. [5] Now, I'm not saying that the EPA ordered the PCB as [6] being an extremely hazardous, pointless, dangerous, [7] cancer causing substance is correct, it isn't. Even [8] along that line much better understanding had come [9] about; but that's besides the point here. We are not no] -- I'm putting that in myself. Now, by this time [ii] there was much more under standing about the [12] environmental situation and how -- what steps might 113] be taken to clean up. And I see Scott Tucker [14] mentioned. He had done migration of PCB in the soil, [is] you were asking about. That's the last paragraph, [is] He had set up columns to test PCB migration in the [17] soil. So information was available that need -- [is] should be. And was through this disseminated to our [19] customers to interested -- anyone interested, and [20] this is a proposed meeting where various people at [2i] Monsanto would speak and also people from the [22] indus try. Jim Kinney and G.E. Rome was going to [23] cover research relative to fire-resistant trans former [24] dielectrics. And then Dr. Richard was Gore & Perry 800 878-6750 STLCOPCB4024838 Tennessee Gas Pipeline Company v. Monsanto Company going to [25] speak. And others were going to speak. Mr. Page 174 [i] Sheppard, who I knew very well at Westinghouse, he [2] would speak. A1 Vodden, who was from England, he was [3] going to speak. Papageorge was going to speak. A1 [4] Vodden, V-O-D-D-E-N, I gather he was going to speak. [5j Q: Did they speak? [6] A: Pardon? [7] Q: Did they speak? [8] A: Everybody spoke but me. I didn't have to [9] stay -- I was an employee. What did I say? [10] Q: This was near the end of your tenure, [it] correct? [12] A: You got it. U3] Q: Where did this committee meet? Where was [Mi the meeting held? [i5] A: At -- well, to be specific, I think this was 116] my retirement party, that's what I think it was. And [17] many of my friends, some from other countries, came [18] to attend. I'm saying this with humbleness. It is a [i9] retirement party. I had a lot of friends. [20] Q: I can see why. [21] A: Well, they came to listen. What is known [22] now from all of this -- where are we here in 1974? [23] What has been developed as a replace ment, if [24] anything, or may we be headed, what may come in the [25] future, and what is the posture at diis time, and Page 175 [1] what is foreseen, those are the things that were [2] discussed. As I just got through telling you, [3] studies that went on that contributed more [4] information in this whole ball of wax that was the [5] purpose of the gathering and the people came. And [6] you asked where in St. Louis, West Port Plaza. Gees, [7] they did it up in great fashion. It wasn't just [8] Monsanto's office. I think that's what this meeting [9] was. And it was telling everybody we could about [io] where we were. Hi] Q: All right. Was the program's conclusion [12] consistent with the sequence that was set forth here? [13] For example, one, a definition of envi ronmental [i4] problems surrounding PCB's;two, an in-depth review [ 15] of the defense of PCB conunued use;and the [16] conclusion that use of PCB can be continued, [17] reflected on the first page? [i8j A: Oh, where are you reading? [19] Q: Column one. Let me rephrase the question so [20] it's clear. The memorandum from Mr. Wood says that [21] the program should follow a se quence, and the (22] sequence is; one, a definition of the environmental [23] problems surrounding PCB's;two,an in-depth review [24] of the defense of PCB's conunued; and, three, a [25] conclusion that use of PCB's can be conunued. Was Page 176 HI that, in fact, the conclusion that was reached at [2; that meeting? [3] A; Well, it was stated evidently as I listen to [4] what you said I gather that was stated. Let me say Gore & Perrv 800 878-6750 Lawyer's Notes Min-U-S cript Paul G. Benignus September 14, 1995 15] at this point, now, Wood was overseas in Brit ain. [6] The French manufactured PCB's. They thought the damn [7] thing was crazy.They didn't have any -- they [8] thought everything that was going on here was nuts. [9] They weren't going out on the business. And after we [io] shut down we came and supplied people.They stayed [ii] in the business. Ultimately by now I guess they sh ut [12] down. [13] Q: So by now it's your -- to the best of your [14] understanding France no longer allows PCBrelated [15] materials? [16] A; Well, by now I put it different -- [17] Q; My question is -- [18] A: And I don't know since you asked earlier. [19] well, since PCB is no longer using critical [20 application, for instance, solid capacitors, well, [21]we're already allowed the use of solid insula tion in [22] there. And I assume that France prob ably have [23] adopted solid capacitors instead of capacitors with [24] liquid, this kind ofa thing.And my guess is that [25] -- certainly my assumption is that in France, and I Page 177 [l] know in England, and definitely in Germany, PCB's [2] weren't made and weren't used in trans formers. I [3] don't know what the Russians are doing. And we have [4] covered Japan. 15] Q: It was your belief as of this point in any [6> event that continued use of PCB's ought to be [7] allowed, that was your thought and continues to be [8] your belief today, correct? 19] A: Well, no, really not. And this is 1974, the [io; boaom line is in 1977 this was the end of it. [11] Q; Now, at this meeting in 74, was -- do you [12] recall if this took place before or after the meeting [13] with the congressman? [14] A: No,Idon't.Amd now that you're talking |i5; about that, Stan Myers actually called me over there. [ 16] I think I was retired. I think I was retired. yes. [17] Monsanto didn't send me over there. [18] Q: If you look at page 3 of the memorandum, [19] under number 7, Mr. Wood relates, "Economic influence [20) of askarel use on U.S. economy. Here we seek a [21] presentation by Ed Raab of General Electric of the [22] economic data pre sented in Washington. We hope to [23] set a posi tive note with this presentation to support [2-, continued use of PCB's"? [25] A: That's what it says.1 Page 17,: [1] Q: Okay. Was Mr. Wood referring to continued [2] attempts to insure that congress would allow PCB use [3] to continue? [4] A: That somehow it would continue to be used, [5] that's what it says. [6] Q: Let me ask you a couple different ques tions, [7] sir, not with respect to that document You're [8] aware, are you not, that certain letter or [9] memorandum regarding letters sent out t customers, [io] Did you have any personal it volvement in drafting [ii] those letters? 112] A: No. Page 174 - Page 1"; STLCOPCB4024839 Paul G. Benignus September 14,1995 U3] Q: So you had no personal involvement as well [14] in determining which customers those letters would be [15] sent to? [16] A: No. [17] Q: And you have no personal knowledge as well [is] concerning whether or not registered letter, tickets, [19] or certified letter of tickets were maintained, [20] correct? [2i] A: I don't know about what you mean by [22] maintained. They were sent out. Business was done [23] under that. Yes, it was certified, sent out. [24] Q: But you never seen them, right? [25] A: I can't say I never saw it, I never had Page 179 [1] anything to do with it. [2] Q: That's what I mean, you can't testify that [3] they were or weren't sent out because you didn't see [4] them get sent out? [5] A: No, I probably saw the form and I heard [6] that, that's about all I know about it. I wasn't in [7] that. [8] Q: All right. Did you ever have any personal [9] conversations with anybody at Tennessee Gas with [io] respect to the use of PCB's? [11] A: No. [12] Q: How about with respect to Tenneco? [131 A: I don't know one from the other. [14] Q: All right, so the answer is the same, then, [15] correct? [16] A: I'd say, yes. [17] Q: Do you own stock in Monsanto? [18] A: Sure, why not. [19] Q: Just wondering. [20] A: Why do you wonder? [21] Q: Just curious. [22] A: Why are you curious? [23] Q: Because it's just a question. [24] (Discussion held off the record) [25] Q: Do you have a pension from Monsanto? Page 180 [i] A: Yes. [2] MR. ROEDER: I think that's all the questions I [3] have. [4] (Signature not waived, by agreement of [5] counsel and witness.) WITNESS SIGNATURE PAGE COMES NOW THE WITNESS, PAUL G. BENIGNUS, and having read the foregoing transcript of the deposition taken on the 14th day of September, 1995, acknowledges by signature hereto that it is a true and accurate transcript of the testimony given on the date hereinabove mentioned. PAUL G. BENIGNUS Subscribed and sworn to me before this _ day of ____________________ 1995. My Commission expires: Notary Publicl, Page 181 STATE OF ILLINOIS SS. COUNTY OF MADISON l, Jacqueline A. Schniers, a Notary Public in and for the State of Illinois, dulv commissioned, qualified and authorized to administer oaths and to certify to depositions, do hereby certify that Page 182 Page 179 - Page 183 Lawyer's Notes Min-U-Script Tennessee Gas Pipeline Company v. Monsanto Company pursuant to Notice in the civil cause now pending and undetermined in the Commonwealth of Kentucky, Rowan Circuit Court, Civil Branch, to be used in the trial of said cause in said court,! was attended at the Fischer Restaurant, in the City of Belleville, State of Illinois, by the aforesaid witness; and by the aforesaid attorneys; on the 14th day of September, 1995. The said witness, being of sound mind and being by me first carefully examined and duly cautioned and sworn to testify the truth, the whole truth, and nothing but the truth in the case aforesaid, thereupon testified as is shown in the foregoing transcript, said testimony being by me reported in shorthand and caused to be transcribed into typewriting, and that the foregoing pages correctly set forth the testimony of the aforementioned witness, together with the questions Page 183 [l] propounded by counsel and remarks and ob jections of [2] counsel thereto, and is in all re spects a full, true, [3] correct and complete tran script ofthe questions [4] propounded to and the answers given by said witness; [5] that signature of the deponent was not waived by [6] agreement of counsel. [7] I further certify that I am not of counsel or [8] attorney for either of the parties to said suit, not [9] related to nor interested in any of the parties or [io] their attorneys. [11] Witness my hand and notarial seal this I4tli [12] day of September, 1995. [13] My Commission expires August 13,1996. [i6] Notary Public in and for the [17] State oflllinois Gore & Perry 800 878-6750 STLCOPCB4024840 Lawyer's Notes STLCOPCB4024841 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignu September 14, 199; $ $.03 154:20, 23 114:1; 118:11,14; 123:23:125:16; 126:24; 127:9; 133:12; 135:8; 171:5; 173:2 o 00-CLX 74:2 1971 124:25:141:1; 142:4; 144:6, 20; 146:11; 153:22; 154:9; 171:13 1972 163:14; 164:4; 1 167:5; 170:6 1 76:17;81:21; 87:11; 124:25; 135:7 10 141:14 100 129:4 1974 34:5; 172:6, 25; 174:22; 177:9 1977 102:19; 146:12; 151:15; 177:10 198 104:20 1016 132:25; 133:1; 171:6 1149 64:21 1991 153:25 1995 1:15 12/6/68 71:2 1216 132:24 2 1242 93:18; 120:3; 132:21; 133:8, 23; 136:3,6,8,15; 137:19,21,23; 138:2; 170:24, 24; 171:3 1254 119:3; 120:18; 170:15, 15, 21 2 75:2; 76:17; 81:21; 144:11 2,000 155:15 20 94:25; 141:14; 170:6 21 109:19; 118:11 21186 170:8 1260 119:3; 120:18 21771 86:5 14 1:15; 144:6 15 136:5 22 105:4,6; 109:19; 118:11; 153:22 16 125:16; 136:5 22029 118:13 17-hour 144:8 22039 109:21 18 172:6, 19 23 78:17 1929 94:25 25 141:1 1933 7:20 26 109:22 1934 10:18 26th 48:13; 52:4 1935 23:3 28 87:11 1938 135:23:136:3; 28071 172:7 137:25; 169:10 1939 137:12, 25 1941 14:24 3 1947 16:13; 28:11; 63:1 1950 98:8, 9; 99:10 1952 170:22; 171:5 1953 31:7,8.10; 33:3,18; 34:4; 63:1; 129:4 1957 63:12;65:5; 82:22 1961 78:17 3 115:25; 177:18 3/1 Oths 171:10 30 63:12;94:25; 136:11; 141:14; 142:6 34 8:6 37341 141:2 j 3896 135:11 I 39 12:14 I 1967 48:13:52:4; 54:2, 20; 101:20 1968 47:2; 54:21; 4 56:l6;6l:2; 69:3; 56:l6;6l:2;68:13; 144:12 69:3, 9; 71:22; 105:15 40 106:8 1969 87:11;88:18; 89:6; 90:14; 91:2, 20; 101:18; 105:8; 173:2 1970 99:24; 101:16, 19, 20; 102:3; 104:9, 21; 107:7, 9, 14; 40.3 105:20 40.6 105:9 40s 23:16; 30:9 41 137:12; 138:1 42 14:25; 170:25 109:19, 22; 110:4; i 43.6 105:14 47 6:13; 30:13 5 5 89:6; 104:18 50s 23:17; 25:1; 30:9, 13; 34:25; 95:1 53 35:9, 10 53675 63:13 54 170:16, 17 5623 48:14 57342 68:14 57682 71:17 5790 83:12 58301 89:8 59 81:21 6 6 73:23 6/16/72 162:12 6/5/69 88:20 60 125:12, 13 60s 25:1;35:1; 40:23; 41:8; 42:7; 168:4 62223 6:13 6447 76:9 65 40:23 67 40:16,21,22; 47:2; 51:15 69 91:21; 138:9 7 7 126:24; 133:23, 23; 134:6; 171:3, 7,11; 177:19 70 105:19 70s 25:1; 42:7; 168:4 74 10:16; 19:21; 40:16; 151:20, 22; 172:18; 177:11 75 48:8, 9, 12 76 56:12,15; 68:21; 69:3; 170:20; 171:4, 12 77 63:4, 7; 83:1, 3 78 68:9, 12, 16, 20 79 71:10, 12, 13 8 8-27-57 64:21 80 74:25; 76:6 800 30:25 81 78:13, 15 82 82:18, 21; 83:3 83 83:7, 10 84 84:9, 11 8483 144:2 8493 124:16 achieve 91:3 8497 124:16 85 86:1, 4 86 88:24;89:1; 103:15,20 achieving 90:21; 107:1 acquainted 16:23 acquired 23:4 86182 84:16 87 109:14, 17; 121:1 88 118:6,9 88347 153:23 88349 153:23 89 124:12, 14 across 44:1; 138:13, 21; 139:8; 154:14; 157:19, 24; 158:2 act 96:21 actions 120:6 active 39:19;4l:l; 62:3; 80:20; 82:15 9 9 68:13; 69:7; 75:2; 82:22 90 126:21, 23 91 131:24 92 135:4, 6 93 140:22, 25 94 143:13, 16 activities 41:8 activity 30:22; 38:7; 41:1; 150:21 acts 172:21 actual 11:14 actually 25:25;27:7; 29:4; 69:17; 82:5; 83:20; 84:21; 177:15 add 19:21; 22:6; 131:15; 164:7, 18 95 153:18, 21 addition 51:10 96 160:17, 19 97 170:3, 5 98 172:1,3 A additional 24:1; 29:20; 32:21; 61:25; 83:4; 136:8 address 106:9; 145:12, 20 addressed 144:4; A-L-l 10:4 A-L-l-P-H-A-T-l-C 8:17 A-N-N-l-S-T-O-N 17:4 A-N-S-l 145:10 A-R-O-C-L-O-R 16:21 A-S-K-A-R-E-L 26:10 A-S-S-A-Y-E-D 11:9 ability 28:5; 80:16; 103:23; 136:23; 148:7 able 11:11,14; 21:22; 29:16; 35:3; 44:10; 98:16; 99:13; 133:24; 148:12 161:5; 167:20, 21 adhered 96:2; 99:20 Administration 64:13; 79:5 admitted 53:24 adopted 176:23 advanced 11:17,25; 12:3; 54:3; 70:2; 88:11, 15 adverse 45:12 advise 158:22 advised 84:6; 85:24 advising 165:24 afford 118:3 aforesaid 6:4 afraid 120:10 again 31:15; 115:6; above 58:12 absence 77:3 absolutely 51:23; 80:25 accelerate 31:24 accelerated 93:12 accept 62:2, 3 acceptable 134:3; 149:2; 164:24; 165:1, 1 accepted 148:3 accidents 120:7 accommodate 7:7 116:2; 121:20; ' 122:14; 130:3; 133:5; 158:5 against 80:6;81:10; 120:7 age 6:2; 96:13 Agency 152:18 ago 25:24; 61:17; 65:6; 73:12; 81:5; 132:7 agree 40:10:47:24; 53:19; 66:16:67:3; 68:7; 88:10; 90:23, 24; 91:24; 92:4; 163:7 accomplish 165:6 agreed 123:21 accordance 44:2; 95:24 agreement 59:20; 123:12; 180:4 accumulation 143:1 Agricultural 64:22 agriculture 63:15; 65:12; 67:1,14; 68:7, 76:25; 81:20; 82:1, 3 ahead 10:12; 75:22; 76:3; 88:12; 91:8; 132:8; 133:3; 153:17 aim 50:15 air 43:12,13,14,16; 45:6 Akron 151:3, 6 Al 174:2, 3 Alabama 17:3,23; 20:10; 23:4; 97:10; 127:9 aliphatic 8:15,20, 21, 22; 9:17; 10:4, 5; 22:24; 25:23; 30:2 alive 103:24 allocated 97:4 allow 136:14; 147:21; 148:16; 178:! allowed 95:23; 100:7; 150:2, 5; 166:22; 176:21; 177:' allows 176:14 alluded 46:12 almost 21:23; 67:3 alone 67:10; 150:7; 152:11 along 12:24; 18:7; 21:10; 31:19; 33:5; 35:19; 46:7; 51:5; 68:2; 70:19; 80:15; 88:21; 97:22; 99:22; 107:22; 114:9; 127:11; 173:8 already 13:6:25:23: 32:23; 37:25; 39:11; 40:17; 45:15; 46:12; 60:2; 62:25; 66:1; 97:23; 103:3; 125:12, 13; 133:9; 162:20; 176:21 altered 133:8 altering 133:25 alternates 116:17, 18 alternative 60:24 alternatives 131:14 although 103:1 altogether 107:21; 148:24 aluminum 44:18,19. 21 always 9:3;31:22; 58:10; 96:4; 128:18 amazed 57:15 American 26:7; 39:22; 52:20: 109:6: 146:25; 147:5 Americans 39:20 among 80:7;89:24: 132:4; 138:3 Gore & Perry 800 878-6750 Min-U-Script $.03 - amons STLCOPCB4024842 Paul G. Benignus September 14, 1995 Tennessee Gas Pipeline Company v. Monsanto Company amount 42:7,17; 57:12; 74:15; 171:15; 173:3 amounts 88:14 analysis 79:10; 133:12 Analyst 11:5 analytical 11:1,3, 18, 24, 25; 12:3, 4; 20:5; 50:15; 70:10, 12,18; 87:22; 88:13, 22; 163:4; 165:4; 166:2 analyze 11:6; 13:1, 4; 45:10 analyzed 138:10 animal 77:6; 78:7 Anniston 17:3,22; 18:4; 20:6, 10; 23:4; 30:25; 33:8; 97:10, 19, 21; 100:14,17; 127:9, 15; 128:1 ANSI 145:9,11,19; 147:25; 148:3; 153:7, 10 ANSI-C107 146:16; 147:15, 20; 148:1 answered 37:20,25; 40:17; 74:22; 91:14; 98:2; 119:23; 120:19; 130:2 answering 151:10 anthracnose 81:7 anticipated 93:14 anybody 94:8,9; 101:2; 107:13; 128:16; 140:7; 179:9 anymore 10:10; 45:20; 60:21; 138:20; 170:23 anyone 100:23; 113:21; 139:6; 140:4; 152:5, 9; 173:19 anyway 96:11 anywhere 50:9; 101:8; 133:13 apologize 47:22 apparatus 93:6,6; 114:18; 119:12 Apparently 66:5; 127:20; 135:21 appearance 49:1 applicable 103:1 application 12:16, 17, 20, 22, 25; 13:23; 27:12; 31:3; 32:18; 42:23, 24; 43:11,17; 45:25; 60:18; 68:7; 137:13; 162:7; 176:20 applications 13.17; 14:22; 28:3, 24; 29:1, 11; 30:17, 18,21; 31:5; 34:18, 22; 39:6; 42:25; 43:20, 24; 62:8, 12, 23; 63:2; 75:18; 76:19, 24; 85:13; 101:16; 109:13:112:12; 119:12 applied 136:4 apply 13:4; 66:16; 69:23 appraise 159:17; 160:4 appraised 150:22 appreciable 115:9 appreciate 52:14; 65:6; 72:5 appreciates 163:13 appreciating 97:15 approach 32:13; 53:18; 88:13 approval 146:15 approve 97:17 approved 63:22; 65:1; 102:18; 144:13, 18 approximate 127:10; 170:19 April 87:11 arc-formed 120:2 area 13:18,23; 15:23; 26:20; 35:2; 38:8; 39:5,14; 46:9; 47:2; 49:21; 62:3; 80:14, 21; 82:16; 85:24; 89:18; 91:11; 92:3; 107:25; 108:2; 109:10; 112:9; 135:23; 136:3; 144:18; 151:6; 164:20; 166:24; 167:13; 169:5; 171:5 areas 17:14; 35:4 Argentina 42:12 arises 141:6 Aroclor 16:20; 20:15; 26:4, 5,11; 32:10,19; 38:12; 58:3, 11,13; 62:17; 63:22; 64:1; 65:1,10; 66:23; 71:3,19,23; 72:9; 74:7; 77:22; 78:1; 79:9, 16; 80:1; 82:8; 90:13; 91:3; 93:18, 20; 94:14; 106:24; 119:3; 120:3, 18; 121:7; 122:6; 131:10; 132:21, 24; 133:8, 23; 136:3, 6,8, 12,15; 137:19; 170:15; 71:6 Aroclor's 81:24 Aroclors 17:1,6,13, 22; 18:9, 14, 15, 19; 23:12,15; 24:2, 5,6; 25:19; 26:1; 27:23; 28:6, 14, 22, 23; 29:4; 31:10, 24; 32:21; 33:21; 34:14,19; 36:12; 39:15; 41:22; 58:23, 24; 59:1,3, 9; 62:15, 23; 63:15; 64:22; 66:5; 67:13; 75:3; 76:19; 77:14, 21; 78:2; 79:7, 11, 20; 80:6, 8, 11; 81:22; 84:7; 92:12; 98:10; 01:13; 122:17; 128:24; 133:9; 156:1 aromatic 8:14,22, 24; 9:13,14,15; 18:22; 19:22; 25:21 around 4l:13;42:5; 43:18; 77:19; 98:1,1; 126:18 arranged 111:3 arrangement 99:20; 124:1,2; 144:21; 146:14 arrow 74:2 article 49:5,12; 52:24 articles 52:13,19, 20 Ash 142:25 askarel 25:6,13,13, 18, 20, 20; 26:5,9; 31:1; 46:11; 111:15, 21; 112:2, 6, 8, 11, 16,17; 113:3,9,12, 24; 114:8,12,19; 115:3,7,11,18, 24; 116:2, 9; 117:1,17, 17, 25; 118:1,4; 119:11; 126:4,7; 134:4; 158:23; 170:7; 177:20 askarels 26:1,16; 27:1; 113:23; 114:5 aspect 67:16; 146:20, 21 aspects 108:13; 145:1 aspirin 15:10 Assayed 11:8, 10 assured 66:25; 134:19, 24 ate 78:8 Atlanta 154:4 atoms 8:18;9:9; 22:10; 170:16,18; 171:1 attach 21:25 attached 8:19;9:10, 25; 22:9, 11 attacked 14:11 attempt 7:3; 13:14; 113:21 attempted 154:25 attempts 149:11; 153:11; 178:2 attend 83:22; 140:20; 144:5; 146:3; 174:18 attended 69:10, 11 attention 46:3; 68:4; 77:24; 105:3; 115:15 attorney 22:14 August 63:12; 82:22; 172:19 Australia 42:10,11 authored 48:14 authority 90:6 authorize 152:20 authors 124:20 availability 113:3 available 88:5; 101:7; 128:16; 156:10,14; 173:17 aware 34:13,17,21; 46:25; 47:1, 5; 65:13; 178:8 away 30:25; 137:24 awful 113:8; 122:4 ax 50:6, 9 assess 49:24 assessment 128:24 B assigned 14:25: 127:13 assigning 120:6 assignment 30:16 assistance 162:21 Assistant 37:2; 90:6; 124:22; 130:4 assisting 37:5 associated 65:7 Association 147:4 assume 7:10; 64:10; 76:22; 82:11;86:14, 17; 116:21; 120:18, 24; 121:6, 18,25; 122:6,11, 18; 145:16; 153:9; 176:22 B-E-N-l-G-N-U-S 6:11 B-E-N-Z-E-N-E 17:1 B-E-R-G-E-N 36:4 B-l-P-H-E-N-Y-L 16:24 B.A 7:19 back 20:9; 32:25; 38:1; 49:2; 60:20; 66:4; 72:25; 80:3; 83:8; 101:20; 123:7; 129:19; 134:19; 137:23; 155:17; 157:12; 159:4; 163:25 background 7:18; 21:10; 22:15: 127:16 assuming 166:25 backgrounds 20:5 assumption 176:25 backward 35:23, 25 assurance 46:1 i bad 52:11, 14,16; assure 22:l6;97:18; 85:14 150:18 baking 23:9 ball 175:4 ballast 43:17 banning 115:8 bark 140:20 base 29:22 based 8:13; 11:15; 18:20; 32:14; 50:20; 120:5; 168:1,12; 169:9 basement 26:18 basically 138:16 basis 37:10; 73:6; 106:8; 108:10,17; 122:25; 123:14 Bates 48:13; 56:16; 63:13; 76:9; 78:17; 82:23; 83:12; 84:15; 86:4; 89:8; 124:16; 125:18; 135:11; 141:1; 144:2; 153:23; 170:7; 172:6 battle 97:2 Baytown 162:11; 163:15 bearing 48:13; 76:9 bears 56:16; 63:13; 71:16; 84:15; 86:4; 144:2; 172:6 became 46:25;47:1; 56:9 become 47:5; 125:3; 141:16 befallen 72:2 began 104:13; 132:18 begin 25:17;70:16; 71:24; 80:14; 94:17; 99:4; 113:25; 115:12, 19; 133:18; 166:11 beginning 70:18; 85:20 behalf 40:8; 90:10; 108:14; 122:16; 147:18; 149:12 belabor 100:3 belaboring 122:23 belief 177:5, 8 believe 12:14; 14:25; 33:3; 48:15; 52:17; 57:17; 67:14, 24; 124:15; 127:19; 134:6; 143:1; 151:6 believed 134:13; 164:17 Belleville 6:13 Beltsville 81:19, 20 beneath 145:9 Benignus 1:14; 6:1, 11,12; 21:7; 22:9; 38:14; 46:23; 61:18, 20; 63:9; 75:8; 82:12, 13, 23; 89:25; 109:22; 132:17; 139:5; 144:14; 160:23 Benignus's 132:6 benzene 8:14;9:9, 10; 18:25; 19:1,3; 21:25; 22:8,18; 29:21; 74:13, 14,22; 95:17, 25 Bergen 36:2,4,7, 14,19, 23; 37:2, 5; 38:18, 23, 24; 51:19, 22; 78:16; 90:5, 6, 10; 130:5 Bergen's 36:5 Besides 37:21; 173:9 best 7:4,7; 80:15; 158:11; 176:13 better 74:4; 102:16; 173:8 Beyond 95:16; 163:23 bid 95:21 big 21:5; 25:4; 43:17; 55:11; 95:6; 96:14; 114:2; 117:23; 171:3 bigger 126:2 biggest 126:19 Bill 38:18;71:25; 72:12; 80:1; 127:8 billed 99:7 billion 78:11 bio-test 61:10; 83:23 biodegraded 133:16 biolab 13:19 biological 13:19; 61:9; 62:1 biphenyl 16:24; 18:14; 19:1, 3, 9,10; 20:11, 19, 19,22; 21:3; 23:8; 73:14; 165:11, 16; 171:15 biphenyls 18:20; 49:6; 88:3 birds 54:11; 78:3, 8; 88:14 bit 7:17; 10:13; 40:22, 22; 64:3; 69:19; 108:19; 158:19; 164:21 black 14:14 blank 9:6 blend 20:19; 120:3 blends 118:25 blew 120:12 block l6l:4,10,12, 21; 162:1 blood 96:11, 12 blowing 43:15 board 44:1 Bob 162:13 boiling 18:1 bomb 42:23; 45:1, 21 bonds 9:12 book 131:15; 148:23 booklet 79:17; 81:15 boss 35:12; 109:7 Both 41:14; 157:24 amount - Both Min-U-S cript Gore & Perry 800 878-6750 STLCOPCB4024843 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignu: September 14, 199! bottom 56:21;68:14; 119:9; 177:10 bought 23:3 BR 74:17 Brazil 42:12 break 7:6; 11:6; 22:20, 24; 53:12,14; 70:6; 92:21; 95:7 breaking 29:6; 53:25 brick 155:15, 25 brief 87:17 Briefly 24:16,17 brilliant 150:10 bring 112:2; 140:16 brings 82:3 Britain 47:8,10; 86:24; 87:1; 172:8; 176:5 brochure 64:14 broken 55:20 brominated 30:1 bromine 74:17 brought 77:24 Bryant71:l4 Buchanan 51:10, 13, 14, 15, 15 budget 105:19; 108:5 building 16:14,14; 25:9; 26:18,25; 111:23 buildings 26:18; 113:15 built 60:1, 2; 155:12 bulb 117:9 bulletin 63:14,25; 64:3, 21; 65:4,18; 68:2; 82:22, 24; 145:17 burn 25:17; 112:6; 113:15 burns 24:20 business 17:23; 18:6; 23:4, 8; 30:23; 33:15; 34:2; 35:4; 36:6,8; 37:17; 38:23, 24; 41:13; 49:20; 58:13, 16; 59:5,9; 74:8; 75:4, 25; 90:9, 10, 13: 91:3; 94:18; 96:3; 97:6; 99:22, 22, 24; 100:10,11; 102:2; 104:9; 106:25; 107:14, 21; 109:12; 120:10, 11; 124:6, 10; 125:9; 130:8; 150:11, 21; 151:7; 176:9, 11; 78:22 buy 75:14;95:3,17; 97:16; 123:20,21; 158:23 buyer 135:8 buying 74:9; 75:4 Byphen 20:15; 148:25 c C 9:18,18, 19; 144:14 C-107 147:6,7 C-O-U-M-A-R-l-N 16:5 C-O-U-R 16:4 C.J 78:16; 79:1,14 capacitors 24:15; 39:12; 42:14, 22; 43:14; 60:17; 75:18; 92:16, 20, 20; 97:21; 98:14; 109:13; 123:4; 126:4, 12,13; 134:2, 12; 141:15; 142:10; 176:20, 23, 23 capacity 105:25; 115:21, 21 C.P 167:14 capital 74:9; 75:4 Cl 07 145:11 caboche 60:7 Calandra 61:3,6,8, 10; 83:16 Calandra's 61:21 California 53:4; 165:14 carbon 8:13,18, 24, 25; 9:8, 8,9,11,11; 51:4; 76:10; 83:11; 124:17; 127:2; 130:10; 135:12 carboned 89:14; 129:9 carbons 9:17 call 18:12; 31:11; 55:7; 64:3; 128:13; 134:15; 140:11; 160:19, 24; 161:5, 18; 162:12; 165:13 Callandra 73:5,11 called 17:1; 18:19; 30:20; 38:12; 51:2; 92:23; 99:3; 134:4; 177:15 calling 70:1 calmed 79:14 calming 81:14 Camargo 124:20, 22 came 12:24; 18:7; 46:7; 67:25; 68:3; 81:25; 82:1; 91:7,16; 99:22; 102:11,11; 107:22; 137:4; 139:7; 165:18; 174:17, 21; 175:5; 176:10 Can 6:9; 7:4,7,17; 8:11,15,16; 11:13; 15:24; 19:5,16; 21:16; 22:16; 23:20; 39:15; 43:19; 44:21, 21; 45:1, 11; 54:14; 57:6,13; 58:12; 66:18, 25:67:4; 69:25; 73:23; 83:20; 86:22; 88:5; 92:5; 106:11; 112:8; 118:2; 122:14,24; 133:1,3, 4; 134:18; 146:17; 147:16; 151:14; 157:11; 160:7; 165:6, 23; 74:20; 175:16,25 career 7:15; 42:18 carefully 62:6 carried 102:19; 121:17 carry 96:24; 157:10; 158:6 case 6:4; 13:10; 108:7; 119:16; 120:11; 121:9; 140:14 catch 29:8 catches 25:11 cattle 81:7 caught 53:8 cause 45:23,24; 57:7, 8; 81:4, 6; 82:7; 143:2 caused 55:6;81:1; 120:12; 141:8 causing 173:7 causitive 78:23 Cecil 130:13 cent 99:8 center 137:22 central 110:14 cents 95:14 century 95:9 certain 53:13; 80:25; 164:24; 178:8 certainly 73:22; 80:21; 95:1; 108:14; 113:18; 128:8,18; 148:13; 151:25; 160:12; 163:21; 168:7; 176:25 certified 178:19, 23 Canada 42:12 cetera 46:15 cancer 173:7 capability 88:22 capacitor 42:23,24; 43:13; 44:14, 22, 22; 45:23; 60:15; 92:8, 12; 93:3,4, 15; 94:14; 96:12,13,18; 109:11; 124:6; 134:10,15; 146:22; 147:3; 152:6 chain 9:17;22:22; 77:21; 78:4 chairman 40:6; 109:3; 145:22, 23; 146:1,18; 150:20, 22; 152:12 challenge 128:25 CHAMBERS 10:7, 14; 17:9; 18:13, 17; 21:7; 22:6, 16; 23:21; 28:10,15; 36:25; 46:20; 47:24; 48:5; 50:8; 53:15; 54:8,10, 19; 58:1; 59:4; 61:15; 65:19, 25; 75:7; 82:11; 86:18; 103:16; 105:4; 110:9; 112:20; 119:18; 130:1; 132:2, 12; 133:3; 139:5; 141:20; 157:2, 6; 160:22; 161:4,9; 163:19; 164:10; 168:16; 69:15 chance 48:1; 143:15 Chances 160:2 change 8:18; 16:19; 30:11; 31:9, 18,21; 39:14; 40:21; 93:9; 108:19; 115:9; 151:11 changed 30:12; 34:8,24;35:21; 90:21; 92:17; 104:7; 106:25; 107:19; 162:20; 166:10; 171:23 changes 22:24; 71:7 changing 91:23; 92:3; 165:24 characteristics 133:25; 136:24 characterize 111:20 characterizing 40:10; 163:20 charge 12:17; 15:6; 37:15; 100:6,7; 137:16 charged 107:23 chart 35:14,16 cheapest 117:18 checked 80:8 chem 11:18 chemical 11:14; 13:9; 20:10; 21:18; 22:15; 23:3, 6; 30:6; 74:20; 95:8 chemicals 11:6,8; 13:2; 15:2, 4; 23:8; 29:24.25:30:14: 63:15; 64:22; 74:18; 82:21; 103:5 chemist 49:9; 50:15; 53:10; 83:16 chemistry 7:19,25; 8:12, 12,13; 10:19; 87:23 chick 78:23 chicken 73:15,17; 81:4 chickens 73:18,19; 79:22; 81:7 chloride 12:23; 13:12; 57:4, 11 chlorinated 16:24, 25; 18:14, 17, 20, 24; 19:3,4; 20:23; 25:21, 22; 30:1:73:14: 78:22; 81:2,6; 132:22; 133:14,16, 19; 134:7; 171:8, 15 chlorinating 21:22 chlorine 22:10; 29:23; 74:15; 95:18; 96:1; 120:4; 149:1; 170:16,18,19, 20, 25; 171:1, 2, 2, 2, 24 chlorine-containing 87:9 chlorines 21:3 choice 73:1 chromatic 70:3 chromatograph 88:2 chromatographic 79:10 chromatography 70:8 chromatology 69:23; 70:4 circulate 86:7 circulated 27:7 citations 120:6 cited 121:9 cities 113:4 City 113:10; 114:2; 124:23 civil 41:3 CL 74:15 claim 141:7 clarification 28:10 clarify 54:10,14; 61:15 clarifying 31:6 clarity 18:13 Clark 31:2; 38:3; 109:7,9, 11 clean 44:16; 45:3, 4; 80:1; 173:13 cleaning 150:11 clear 6:25;10:11; 19:20; 22:4; 85:22; 100:8:104:3; 116:6; 139:24; 152:23; 168:19; 175:20 clearances 77:4 cleared 145:2, 6 clearing 112:25 clearly 67:5; 159:25 Cleveland 151:6 client 163:13 client's 127:24 close 11:14; 16:18; 20:2,4; 38:19; 68:24; 100:2; 108:21; 129:16 closed 9:12;85:13; 102:19 closer 12:10 coarse 24:20 coil 44:15; 45:3 collaborated 42:5 collected 99:5,7 College 7:20 Column 175:19 columns 70:3; 173:16 combination 70:2, 14 combined 88:1 combustibility 120: combustible 60:19 combustion 24:19: 114:9, 11 comfortable I00:lt coming 93:1,13; 127:11 command 36:24 commenting 106:1 commercial 106:10 138:6; 150:23 commercially 138:' Commission 40:8 committee 101:22: 109:3,5,7;145:11, 11, 19, 24; 146:4, 9, 19, 24; 147:3,3,6,7. 12; 148:6; 150:20, 22; 152:12, 15,17; 153:7; 174:13 committees 40:2; 41:1; 102:17; 145:22 commodities 67:1, 14 common 40:3; 44:4 communicate 155:1; 157:16; 158:1 communicated 108:17; 119:21 communicating 159:25 communication 108:23:156:18; 157:17 companies 28:6 Company 1:1,3; 7:15; 23:6; 94:18,19: 101:18; 105:14; 109:20; 118:12; 126:8,25; 128:23: 129:14 company's 105:12; 127:21 compare 68:20; 73:15; 121:1 competed 98:15 competition 41:4. 2 competitor 98:23; 116:18 competitors 93:15: 98:13; 100:16 complaints 72:11 complete 102:20; 115:6; 120:19; 121:6 122:19 completely 112:21. 136:9 Gore & Perry 800 878-6750 Min-U-Script bottom - complete! STLCOPCB4024844 Paul G. Benignus September 14, 1995 Tennessee Gas Pipeline Company v. Monsanto Company complex 70:10; 133:10, 22 23; 152:3,10,21; 153:4, 6; 177:13 complicated 12:6; 71:3; 159:5 connected 37:3; 110:14 composition 133:18 considerably 88:10 compound 13:6; 53:18; 78:23; 80:24, consideration 77:18, 20 25; 81:3, 4, 4; 95:15; 170:18 considerations 117:7 compounds 13:1,9; 16:21; 17:1; 20:24; 23:2; 25:23; 30:7; 31:15,16; 74:21; 132:23 computer 65:23 concentrations 69:17 concern 44:24; 49:13; 125:2 concerned 46:10, 10; 48:21; 49:20; 64:24; 79:19; 80:22; 119:24; 124:8; 131:5 considering 6l:25 consistent 33:23; 107:5; 175:12 Constance 17:25 constructed 74:21 consultancy 152:1 consultant 110:19; 151:21 consulted 77:1 consumer 139:17 consumers 55:11 contact 110:15; 113:14 concerning 47:14; contacted 135:2 49:1,14; 52:19; 53:11; 63:21; 69:8; 76:18; 79:7; 87:8,16, 18; 108:18; 152:21; 178:18 concerns 47:1,6; 48:24 conclude 80:19 conclusion 88:5; 149:4,7, 8; 175:11, 16, 25; 176:1 contacts 110:19; 129:13 contain 101:14 contained 119:9 container 45:15 containers 96:5 contaminating 46:8 contamination 44:24, 25 contemplated 32:18 conclusions 118:17, 20 condiment 16:5 condiments 15:22 conditioned 43:16; 45:6 conditioner 43:13 conditioners 43:14 conditioning 43:12 content 170:19; 171:2 context 61:20; 141:6 continuation 147:22 continue 30:10; 58:9; 119:10; 121:17; 122:18, 24; 123:25; 124:5; 143:6,9,10; 148:7, 12, 17,18; 178:3,4 conditions 44:16; 90:20 conduct 127:24 conducted 127:20; 138:17, 18 conducting 61:25, 25 conductor 44:20 continued 102:18; 120:17; 121:7; 122:5, 17; 125:5; 148:14; 149:12; 150:1,4; 151:20; 175:15, 16, 24, 25; 177:6, 24; 178:1 continues 66:22; 67:10; 90:19; 92:6; confident 134:11 177:7 confirm 67:15,23; 68:25 confuse 17:17 confused 17:20; 28:15; l6l:14 Congress 147:8,14; 150:20; 151:14; 152:10; 178:2 continuing 85:24; 108:10, 17, 21, 23 contract 95:13; 99:20; 100:7 contrast 90:8 contributed 175:3 control 12:9; | 110:15; 111:10; 127:2 congressman I controller 33:9 149:13,17,23; controlling 12:11; 150:14,18; 151:17, I 128:23 convenient 18:2; 20:1 conversant 166:4 conversation 85:5; 135:19; 162:11 conversations 179:9 conversion 170:24 cook 55:11 cool 27:10 coordinating 108:13 copied 34:22; 47:7, 18; 48:16; 129:3 copies 46:12; 51:11; 83:4, 11; 130:10 copy 51:4; 68:17; 71:20; 76:10; 83:13, 20; 84:13; 104:25; 124:17; 125:7,10, 19; 127:1,3; 135:7, 12; 137:5, 9; 143:22 core 44:15; 45:3; 168:8 corner 78:20; 86:6; 88:19; 127:4 Corporation 8:8; 135:10 correctly 21:17; 39:5; 56:25; 85:11; 114:22; 139:1; 145:3; 151:16 correspondence 67:13 corrosion 57:8,14; 58:4; 1693 cost 25:6; 95:16,16, 25:96:3,5,7; 99:25; 107:19; 117:16, 17 costs 72:4,14,14; 96:4,6; 104:10,12, 13 cotton 45:4 couldn't 29:8; 57:17; 102:9; 107:12; 123:6, 20; 134:13; 140:2 coumarin 15:22; 16:4 counsel 180:5 counter-part 165:14 counterpart 108:25 countries 42:3; 44:4; 174:17 country 43:19,19; 88:12, 15; 150:16 couple 61:17; 132:6; 139:22; 178:6 course 9:24; 35:13; 84:3; 86:15; 93:17; 97:21; 117:18; 125:9; 143:25; 150:17; 161:19 court 6:22; 8:16; 55:2; 68:11; 120:6 cover 130:3; 158:20; 173:23 covered 62:25; 98:25; 177:4 covers 26:10 crack 148:24 cracking 57:8 cracks 168:25 craft 44:19 crazy 176:7 critical 42:22; 43:20, 24;45:25;97:1; 112:16; 128:22; 176:19 criticize 130:16 Cross 122:10; 162:2 crossed 86:14; 161:13, 14 crude 69:22, 23 cruise 97:2 crumble 156:1 Cumming 143:19; 144:5; 160:12; 167:14 cumulative 142:2 curious 42:18; 129:7; 131:20; 179:21, 22 current 27:17 cursory 80:24 customer 95:21; 129:13; 131:9; 140:1; 144:23; 163:14, 20; 164:17; 165:24 customer's 130:17 customers 93:8,15; 100:23; 108:9; 128:4, 8; 129:17; 136:23; 137:2; 139:23; 144:11; 145:1; 154:17; 155:1; 156:10,14; 157:9, 25; 158:17,20,25; 164:5:165:21; 173:19; 178:9, 14 cut 21:9; 50:12; 102:12 Cuyahoga 151:3,4, 5 D D 48:15; 61:2 D-O-W-T-H-E-R-M 20:20 D.A 76:7; 129:23 D.C 79:3 D.V.N 86:4, 22; 87:3 Damaged 55:22 damn 176:6 danger 115:16 dangerous 173:6 dark 43:19 data 77:7; 134:23; 136:12; 177:22 date 79:19; 88:16, 17; 123:10; 125:1; 162:12 dated 48:13; 56:16; 63:12; 68:12, 24; 69:3; 78:16; 82:22; 89:6; 125:15; 126:24; 135:7; 141:1; 153:22; 170:6; 172:6 David 47:7; 172:4 day 75:17; 123:23; 138:1; 144:8 days 11:2,4; 61:17; 69:7; 132:6 deal 12:23; 27:4; 37:9; 42:9; 72:2; 90:16; 96:19; 107:24; 171:11; 173:1, 2 dealt 15:14,21; 108:9 debt 150:15 December 56:16; 61:1; 68:13; 69:3,7; 71:22; 89:6; 91:20 decide 146:16 decision 123:13 decompose 155:13 decrease 95:24; 171:14 deed 70:16 deep 136:5 Defense 71:19,23, 24; 72:7,15,17; 73:4, 5; 74:7; 75:2; 175:15, 24 defined 26:6 defining 40:10 definitely 177:1 definition 175:13, 22 degree 8:4; 10:19; 136:13 degrees 155:15 demanded 115:1, 2 density 17:25 department 10:23, 25; 12:15,18, 20; 13:1; 15:1,3,6; 16:8, 10; 17:12,16;65:8,9, 12; 67:15, 23; 76:25; 81:20; 82:1, 2; 135:9; 145:2, 6 dependable 96:15; 114:18 dependably 94:16 depended 22:8,10 depending 21:24 deposes 6:4 Deposition 1:14; 6:14; 10:15; 48:9; 56:12; 63:4; 68:9; 71:10; 74:25; 78:13; 82:18; 83:6; 84:9; 86:1; 88:24; 109:14; 118:6; 124:12; 126:21; 127:7; 131:24; 132:5, 6; 135:4; 140:22; 143:13; 153:18; 160:17; 170:3; 172:1 derivatives 73:24 describe 39:4; 40:18 described 140:10; 141:19 design 45:20 designs 70:2 desire 92:11 detail 9:7 detailed 92:7, 11 detect 88:14 determine 11:11, 12, 13; 69:16; 70:9; 73:6; 77:12; 113:21; 166:2 determined 17:25; 43:21, 22; 166:19 determining 178:14 develop 32:2; 35:3; 58:17 developed 15:15; 31:25; 32:3; 174:23 developing 132:18 development 15:1, 3, 5, 11; 17:16; 23:15; 31:23; 82:4 devise 64:13 devote 42:19 diagram 9:10 diameter 136:5 died 51:7 dielectric 24:9,13, 20; 25:1; 27:22; 28:1, 21; 32:23; 33:20; 34:12; 35:2; 39:5,7; 40:6, 7, 11; 41:19; 43:23; 44:24; 60:13; 62:24; 75:20, 20; 80:21, 22; 90:22; 91:4,11; 99:19, 25; 100:10,12, 13; 103:14; 104:4; 105:7; 106:1; 107:1, 17; 117:10; 124:5,9; 126:2,4; 129:5; 139:19,23; 144:12, 18; 145:13, 21; 47:22; 148:8; 149:13: 154:5; 166:14 dielectrics 31:1; 38:4, 8; 40:9; 42:13, 16; 46:11; 89:18; 90:18, 22; 91:4; 92:3, 9, 25; 95:6; 103:17, 18,21; 104:5; 107:2, 5; 109:1; 129-10; 139:11; 144:10; 150:2,4; 166:11; 170:7; 173:24 diet 77:7 differ 8:22; 12:3 difference 8:10; 97:20; 131:14 complex - difference Min-U-S cript Gore & Perry 800 878-6750 STLCOPCB4024845 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benigni ; September 14, 1995 different 22:3; 24:2, 6; 28:13:34:14:39:6; 54:7; 70:13; 73:24; 93:1; 101:3; 102:23; 109:13:124:10; 128:21; 133:17; 134:4; 146:23; 149:10; 176:16; 178:6 differently 122:15; 128:3; 165:20 difficult 157:18,22, 22, 24; 163:11 difficulty 55:12 dig 97:25; 138:22 diminished 133:20 direct 55:9; 66:1; 86:20 directed 46:2 direction 86:11; 87:24; 98:18, 19 directives 147:16 directly 27:10;31:1; 33:8; 36:14; 37:3,13; 38:3; 89:20; 158:6; 159:25; 161:5 director 30:24;33:7; 38:17 dirt 45:8 disagree 88:8; 124:3 disagreeing 66:19 disappear 136:19 discarded 142:13 disciplines 15:8 discovered 95:5 discoveries 95:8 discuss 47:19; 51:2; 62:11; 153:11; 172:11 discussed 48:16; 73:11; 83:24; 85:18, 21; 119:14; 133:9; 162:15; 175:2 discusses 78:21; 87:21 discussing 112:11 Discussion 15:20; 62:21:68:15; 70:24; 72:24; 82:17; 83:5; 85:16; 104:16; 108:15; 111:9; 114:6; 117:15; 132:1; 144:5; 149:22, 23; 155:8; 162:10; 165:23; 170:2; 179:24 discussions 32:17; 87:16; 89:24; 136:22; 153:12 disease 81:1 disposal 154:6 disposed 150:13 disputed 160:7 disputing 73:1 disruptive 91:7 dissatisfied 102:1 disseminated 173:18 dissipate 27:14 distance 106:6 distilled 44:16 distinction 131:8 distributed 32:1; 125:22 district 37:13,14; 68:3; 90:8; 154:4; 167:7,7 districts 37:4 division 15:2,4; 16:13,15, 23; 17:17, 21; 19:25;23:11; 30:14,15; 31:12,13, 14, 20; 33:5,11,11; 35:9,12,17; 37:23; 78:22; 135:9; 160:20 divisor 104:8 docks 97:3 document 50:10; 56:15:68:17; 83:15; 84:2; 85:23; 86:4,10, 13,16,19; 87:7, 13, 17; 89:9; 105:24; 109:18, 23,25; 110:2; 111:11; 118:10; 124:15; 125:7,11,19,21; 132:3, 14,16; 135:7; 143:24; 144:22; 161:22; 162:2; 170:8; 178:7 documented 26:9; 39:22; 95:7 documents 54:18; 61:17, 19 dog 140:11,15,17, 18 dogs 140:19 dollars 150:15 domain 167:2 domestic 144:23 domestically 41:2, 2 Don 90:2, 4, 5 done 16:22; 17:13; 21:18; 39:10; 45:3; 47:14,19; 72:13; 88:23; 101:17; 122:2, 25; 129:21; 131:18; 144:20; 146:17,17; 147:17, 17,17; 148:13; 149:3; 150:17,24; 166:15; 173:3, 14; 178:22 double 9:12; 26:13 doubt 60:19,20; 88:6; 104:2; 131:1 down 6:22; 11:6; 12:1,2; 22:21,24; 29:6; 49:19; 53:13. 14, 25; 55:20; 70:6; 79:14, 15; 81:14; 85:9:93:2; 96:10; 101:17; 102:3; 108:3; 113:5,16; 114:4; 115:17; 123:20, 24; 126:15, 17; 144:22; 146:12;150:19; 154:16; 157:19; 164:24; 176:10, 12 dowtherm 20:20, 21 dozen 26:14 Dr 30:24; 33:7,14; 38:1,14; 49:12; 50:1, 6,21; 51:5,7;52:6, 8, 9,19,25; 53:3, 22; 61:10, 20; 69:12, 20, 21; 71:1, 14;73:2; 74:7; 75:3; 76:13; 77:10; 78:21; 79:14; 84:12, 17, 21; 89:12, 13,14,14; 91:22; 106:23,23; 108:6; 110:6,6,12,15; 134:21; 135:20; 173:24 drafting 178:10 drain 163:16; 164:6, 18, 24; 166:16 drained 165:8; 166:16; 168:5 draining 163:9; 166:7 drains 163:2; 164:12 drastically 104:7 draw 8:25; 9:4; 105:2 drawing 149:1 drawn 18:23; 19:23; 74:1 driving 80:4; 92:18 drop 126:15 drug 15:9; 64:12; 79:5 drugs 7:25; 8:2 drums 155:17, 18 dry 116:18,21; 117:1, 18; 119:13 due 88:3; 120:2 dug 137:10,19, 20; 138:8,9,19 duly 6:2 During 34:7; 58:25; 87:10; 96:25 dust 45:8; 116:23 duties 12:2; 15:7; 16:19; 31:4, 18; 34:24; 36:23; 106:19 E E 26:13; 68:13 E-B-Y 78:16 E-D-E-M-A 78:24 each 9:11; 10:1; 136:7 ' eagle 46:14; 101:19 earlier 18:23:30:20; 46:24; 69:13; 81:24; 84:20; 93:19; 111:25; 140:9; 165:6; 168:17, 20; 176:18 early 14:25; 25:1; else 15:13; 24:5; environmentalists 30:13; 42:7; 70:4; 37:9; 75:9; 79:11; 18:7; 46:7, 24 75:19; 95:1; 98:8; 168:4 91:11; 93:24, 25,25; EPA 133:20; 148:22, 96:1; 97:6, 23,100:9, 22, 24; 149:2; earn 98:23 earth 141:17; 142:15 ease 99:17 easily 53:13,14 East 154:13 easy 157:25 eat 77:15, 22 eaten 77:16,17 Eby 78:16; 79:1; 81:13 economic 85:14; 100:4; 104:7; 177:19, 22 economical 155:4, 7 24, 25; 101:2,8,10; 119:20; 151:10; 152:4, 5,9; 160:7 else's 37:1 elsewhere 129:19; 155:22 emitted 168:14,25; 169:5,21,24 emotion 113:18 emotional 113:19 emphasize 55:13; 72:15 employed 8:8; 25:5 employee 106:20; 151:18; 154:7; 174:9 150:21; 151:11; 173:5 EPL 29:12 equal 100:13; 115:22 equipment 28:9; 58:10; 69:16; 93:12; 123:5; 158:24, 25 eradicator 13:21 escalate 104:14 escalation 95:23 essence 134:5; 142:4; 169:25 essential 25:8; 60:18; 112:17 essentially 34:8; 44:3; 47:9; 131:7; Economics 94:21; 95:5,12; 96:2,8,9; 107:18; 117:13, 14 economy 177:20 Ed 110:20; 177:21 edema 78:24; 81:4, 7 education 7:23 employees 42:2 encountering 157:9 encourage 66:23 encyclopedia 95:7 end 18:6; 21:2, 3; 33:14,19; 34:1; 37:10,16, 24; 40:13; 150:6; 159:17; 171:7 established 39:18 establishing 77:7 esters 103:3,4,7 estimate 105:10,11. 12 estimated 166:19 educational 7:18 46:6; 55:16; 59:5; estimating 105:19 Edward 108:10 61:9; 69:9; 79:25; et 46:14 effect 45:12; 48:21; 49:20; 54:4; 100:22; 142:2 effective 81:23; 144:12 90:9; 106:10; 130:8; 148:2; 149:2; 151:15; 159:6,9,11; 171:13; 174:10; 177:10 endless 158:21 etc 58:22; 70:3, 3; 80:7; 97:3 Europe 42:10,11; 141:8,10 evaluate 62:6; 131:9 effects 62:1 energize 43:5 even 34:4;35:1; effort 44:13; 152:22; energized 27:4 55:21,23; 56:9; 153:6 England 86:23; 66:22; 77:21; 114:5; efforts 156:18; 157:15; 158:9 eight 86:19; 126:5 87:1,4; 174:2; 177:1 enhance 16:5 enjoyed 100:22 125:3; 132:13; 136:19; 160:10: 162:7: 163:1: 164:12. 167:9; 168:4; 173:7 either 95:25; 110:14; 142:25; 157:5,7 Electric 18:10; 27:17; 31:2; 33:10; 38:4; 40:8; 109:20; 110:3,13; 117:10; 118:12; 122:22; 126:1; 139:13,17, 25; 153:12; 159:13; 177:21 Electric's 26:11; 108:12 electrical 26:24; 30:22, 23; 33:8,14; 34:1,15, 24; 36:9; 38:3; 39:19; 45:13; 75:14; 102:8, 10,18; enough 7:4;40:24; 42:19; 55:24; 69:24; 70:20; 96:16; 103:19; 107:24; 113:24; 132:12; 165:25; 166:8, 9, 23 event 51:25; 72:25: 81:13; 82:7; 141:16: 152:25; 153:2; 166:25; 177:6 events 85:24 enter 74:8; 75:3 entered 171:16, 16 every 43:12;95:2; 100:1; 134:15; 138:1; 139:25; 146:24 .entire 7:15; 1S: 15, *16; 48:1; 162:16 i everybody 36:16; I 174:8; 175:9 entirely 24:4; 133:16 everyone 140:11 entitled 87:7;95:13; everything 43:16; 109:18; 118:10 65:13; 67:4; 76:3; entry 144:13; 145:9 115:2; 142:21; 176:8 environment 46:4, evidence 53:8;72:1 4, 9; 53:24; 54:4; 88:4 115:20; 123:25; 72:10; 73:15; 133:13, evidently 65:9; 133:25; 134:23; 13, 17; 143:6; 171:17 128:15; 176:3 147:4; 148:11; 170:22 environmental evolve 147:15 electricity 27:19 eliminate 132:22; 163:10 eliminated 60:22; 113:22; 115:7; 116:4 47:1; 85:19; 91:9,18, | 24; 92:17; 99:21; j 107:20; 108:24; | 110:14; 125:2; 127:2, j 12; 134:7; 152:14, ! 18; 172:12; 173:12; evolved 75:16 i evolves 95:19 i exact 151:24 j exactly 10:14; | 27:21; 32:12, 16; Elmer 71:1; 76:7 I 175:13, 22 I 43:9; 56:1; 76:2; Gore & Perrv 800 878-6750 Min-U-S cript different - exactly STLCOPCB4024846 Paul G. Benignus September 14, 1995 Tennessee Gas Pipeline Company v. Monsanto Company 79:4; 100:18; 111:3; 112:19; 120:8; 124:2; 167:21 exam 92:22 EXAMINATION 6:7; 87:17 examine 139:15 examined 107:15 examining 145:5 example 15:10; 24:22; 26:17,19,21; 28:9, 25; 29:13; 30:19; 32:9, 22; 52:9, 24; 53:12, 22; 66:3; 101:5,12; 111:23; 158:3; 175:13 examples 121:10 exceeded 56:1 except 80:23; 107:16 excessive 168:24 exchanged 65:17 exchanger 55:9; 57:15 exclamation 120:20 exclusively 63:1 excuse 16:4; 18:25; 98:13; 99:11; 104:21; 158:19; 166:16 executive 36:11; 101:22; 102:17 exhibit 10:8,15; 19:21; 48:7, 9,12; 56:12,15; 63:4,7; 68:9, 12,16, 20, 25; 69:3; 71:10,12; 74:25; 76:6; 78:13, 15; 82:18, 21,25; 83:1,1,6,10; 84:9, 11; 86:1, 4; 88:24; 89:1; 103:15, 20; 104:18; 109:14,17; 118:6,9; 121:1; 124:12,14; 125:12, 13; 126:21,23; 131:24; 135:4,6; 140:22, 25; 143:13, 16; 53:18,21; 160:17, 19; 170:3,5; 172:1,3 exhibits 83:3; 132:5 exist 146:9 existence 53:11, 21 existing 168:6 expand 35:4 expanded 40:5 expect 11:15 expectation 147:20 expected 35:1 expensive 155:6 experience 30:8; 45:12; 58:12 experiment 138:2, 12, 16,16 experimental 92:20; 93:4,9; 134:14 expertise 34:12; 38:10 expire 94:25; 98:3, 5 expired 94:9:98:6, 7; 99:1, 11, 15; 100:9 explain 8:11; 149:16; 157:20 explanation 94:3 explode 45:1, 24 explore 101:21; 158:19 explored 103:1 exposure 73:6; 116:25 extenders 79:20; 80:6, 12; 81:9, 17 extensive 77:6 extent 36:25;75:8; 134:1,22; 138:23; 141:11; 155:18; 163:20 extract 133:24 extracted 133:23 extreme 29:12,12 extremely 173:6 F F.H.L 167:12 F.J 124:20 F.R 135:8; 138:25 faced 101:3; 115:10; 122:2 facilities 92:19; 93:5; 97:12 facility 127:24 fact 46:16; 69:15; 80:11; 100:1; 102:11; 116:18,132:13; 144:17; 168:9; 176:1 factor 43:1;45:12; 78:23 factories 26:20 factors 58:4; 134:25 factual 130:18, 22 Fahrenheit 155:15 fail 119:17; 142:11 failed 65:20; 141:15 failure 114:12,15 failures 114:17 fair 7:4,14; 12:25; 20:6; 22:4; 40:24; 42:7; 59:23; 103:13, 19,19; 113:24; 118:16; 121:16; 128:24; 132:12; 139:16; 151:24 familiar 145:18 family 16:21; 18:15, 16; 20:24 fans 27.10 far 14:18; 81:15; 82:13; 88:15, 21; 109:2; 124:8 fashion 175:7 flipped 26:1 formed 13:7; 58:14; fast 30:12; 101:18 flooding 116:25; 148:15 FDA 63:23; 65:1,4; 117:2 forming 148:6 78:21; 79:8, 19; 81:16 Florida 117:2; forms 21:23 feasible 148:4 feature 24:16, 19 February 125:15 Federal 147:8 fee 98:20; 99:3, 4, 15 feed 45:1 feeding 73:9 feel 7:3; 103:25; 162:17 feels 80:8 fellow 137:15; 150:10 felt 102:5 few 57:1; 103:3; 126:14; 128:14; 135:18 135:23; 136:3; 169:10 flour 116:22 flows 117:3 fluid 45:17,17; 91:11;93:9; 99:19; 109:2; 112:16; 116:2; 123:6; 150:11,13; 154:6, 22; 159:4; 163:17; 165:24; 168:5 fluids 43:24; 51:16; 90:22; 91:4; 102:7; 104:21; 105:8; 106:1, 5; 107:2; 124:10; 126:2; 139:17; 144:13; 147:22; 148:8; 149:13; 154:18; 162:21; 164:6,7,19; 166:14 formula 104:14 formulate 147:5 formulated 111:14; 146:23 formulations 15:16; 24:2; 53:13; 66:15, 24; 102:23 forth 14:14; 37:5; 71:3; 116:24; 175:12 forward 93:2; 105:20; 107:8, 10, 22 found 21:18;46:14; 50:16; 53:6; 69:17; 73:16; 78:10 foundation 49:3 four 15:5, 8 field 24:10,13; 27:22; 30:21; 34:12; 62:24; 76:24; 80:7; 158:21 fields 34:14 fifth 85:8 figure 11:7; 26:25; 44:6; 51:14 file 83:11; 104:1 filled 136:9 film 15:12; 75:5 films 75:20 Finally 21:2;77:3; 108:4; 146:12 find 66:14; 72:9,19, 20; 102:15; 165:5 finding 39:6; 133:17 fine 17:9; 44:7; 54:19; 61:23; 74:6; fluorescent 43:17, 18 fluoride 117:8 fluorine 74:17 flush 163:17; 164:7, 18, 24; 166:18 flushed 162:22; 165:8; 166:15 flushes 163:2; 164:12 flushing 163:9; 165:25; 166:7 focal 113:10 focus 34:15, 16; 39:5 focused 33:20 foil 44:18 follow 167:1; 175:21 follow-up 23:24 fourth 85:8 frame 28:11; 32:22; 35:8; 41:7; 47:3; 50:25; 51:15; 101:21; 171:5 France 176:14,22, 25 Francisco 53:1 Frank 31:2; 109:7,9, 11; 167:12 Frankly 116:1, 7 Fredrickson 157:9; 158:3; 160:10 free 7:3; 98:10 French 41:4; 176:6 friends 174:17, 19 front 86:6 froze 20:17 97:15 followed 100:11; full 48:1 fire 25:11,14,15; 26:6; 29:8, 23,25; 30:1,2, 6; 103:2,4,8; 112:5, 21; 114:13, 24; 116:7, 8,14; 117:22; 120:12; 134:3 fire-resistant 102:14; 103:7; 113:11; 173:23 first 6:2; 26:2; 47:1; 50:18; 52:11; 59:16; 138:19 following 15:8; 39:10; 71:8 follows 6:5 food 62:7,12; 64:12; 77:21, 25; 78:4, 22; 79:5 force 29:15 forceful 112:15 forces 29:16 fully 80:8; 157:10, 20 function 26:23; 27:15; 34:8, 23; 35:15; 38:16; 40:18; 128:6; 144:19; 146:18 functional 104:21; 106:5; 1-24:10 functioned 35:22 functions 33:21; 35:2 69:22; 77:19; 79:25; 85:9; 87:12; 90:2,11; 106:4; 116:13; 127:3, 6; 164:20, 23; 167:6, 8; 170:13, 14; 175:17 fiscal 17:25 fish 53:8, 22; 54:12, 13; 55:11, 11; 78:3, 8, 11; 88:14 Ford 153:22,25; 154:3,4, 5 foreseen 92:17; 118:25; 175:1 form 8:20, 23; 21:19; 46:20; 50:8, 20, 24; 53:15:75:7; 103:16; 110:10; 119:18; 130:1; 157:2; 160:22; fungicide 13:22; 14:6, 8 fungus 14:5, 6, 9,12 furnish 32:5 furnished 132:6 further 48:22; 49:3; 81:15; 96:20, 25; 113:1; 123:13 fit 126:10 163:19; 164:10; five 69:7; 170:16,18, 168:16; 179:5 future 89:17; 103:14, 17,21; 107:13; 19, 20; 171:2 formal 161:8 142:6, 6; 174:25 flavors 15:21; 16:6 formation 145:11,19 fuzzy 164:21 G G 1:14; 6:1, 11 G.E 173:22 Gainesville 135:23; 136:3; 137:6,17; 169:10, 19 game 100:20 gamut 21:24 Gas 1:1; 88:1; 117:8, 8, 10, 12, 12, 16; 120:2; 179:9 gather 64:4; 160:11; 168:10; 174:4; 176:4 gathering 175:5 gave 95:12; 134:23, 23 GE 39:25; 95:1, 3, 4, 5,11,11,20; 96:13, 19, 20, 21; 97:16; 98:3, 11,12, 15, l6; 99:5,10,11,14; 100:9, 11,17; 102:9; 108:14; 109:1; 110:18; 111:6; 118:14,25; 119:3, 10, 15, 20; 120:2, 5, 7,9,18; 121:2,14, 16; 122:6, 16; 123:7, 20; 124:6; 140:10 GE's 118:24; 123:5 gears 29:2 Gees 175:6 Gene 126:24 general 11:4; 18:10; 23:14; 26:11; 27:25; 28:13,21;31:2; 33:10; 35:17; 37:22; 38:4; 46:13; 79:16; 90:23; 91:5; 107:2; 108:12; 109:19; 110:3, 13; 118:12; 122:22; 126:1; 139:13,17,25; 153:12; 157:3; 177:21 generally 37:10 generate 26:22; 29:3; 68:1 generated 27:5,15: 43:3; 45:16, 19 generation 115:21 generators 115:3 generic 25:21; 26:10 geometry 45:19 Gerade 110:18 Germans 41:4 Germany 177:1 gets 72:21; 159:5; 164:25 given 77:20; 141:14 glich 96:22 glitch 97:24 gloves 45:4 goal 107:5 exam - goal Min-U-Script Gore & Perry 800 878-6750 STLCOPCB4024847 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignus September 14, 1995 goes 45:16,18; 112:20; 136:8; 158:25 Good 7:5; 27:4; 42:9; 70:20; 72:2; 90:16; 94:17; 97:18; 100:13; 105:17; 144:10; 162:17 Gossage 36:20; 37:3,12; 144:15; 167:2, 11; 172:5 Gossage's 36:22 government 60:6,9; 64:14; 81:19; 82:4; 97:5; 102:17; 146:15; 147:9, 14 governmental 77:4 grade 100:12 graduated 7:19 Graham 130:15; 131:2,4 graphic 70:3 gravity 18:1; 159:10 great 12:23; 25:11; 44:24; 51:24; 55:23; 95:8; 107:24; 114:8; 171:11; 172:25; 173:2; 175:7 greater 29:18,20; 82:8; 114:24; 115:16; 125:3 greatest 25:15 greatly 12:5 Green 14:14 grind 50:7,9 gross 105:9; 106:8 ground 137:21,23; 169:11, 21 group 17:23; 36:6,8; 38:18, 20, 23,24; 51:17, 17; 150:8 grouped 38:20 guess 28:15;74:17, 23; 100:8; 139:2,9; 141:5; 150:21; 162:5; 165:2; 176:11, 24 guessing 74:23 guidelines 62:8 Gunnar 87:24 guy 61:12; 102:16; 121:5 guys 131:11 H H-E-X-A-F-L-U-O-Rl-D-E 117:11 H.B 130:10 H.R 153:22 H.S 78:16 hadn't 77:12; 110:10 hair 45:5 half 99:8; 104:8,9 hall 12:1, 2 halogen 29:23 halogenated 29:25 halt 151:12 handed 9:5; 118:9 handle 146:20; 156:11 handled 30:15,24, 25; 33:8,14; 38:2, 6; 134:25; 164:23 handling 30:14 hands 134:2 handwriting 56:23; 57:22 handwritten 56:20; 69:4 hanging 167:22 happen 16:12; 68:24; 107:13; 147:12; 169:4 happened 12:13; 31:8; 55:5, 6; 56:3; 95:10; 107:7,9; 121:10; 122:20; 144:17; 165:18 happens 129:17; 131:3 hard 21:4, 20; 22:2 hardly 88:5 hardness 22:7 Hardy 86:4, 22; 87:3; 88:4 harm 58:l6 harmful 58:12 harmless 122:25; 123:11,14; 124:1; 144:21; 146:13 Hatfield 137:15; 138:1, 19, 19 hazardous 117:9; 173:6 head 51:l6;69:l4; 100:15; 107:15 headed 91:8; 174:24 headquarters 110:23 health 80:2 hear 101:23; 102:16; 121:20 heard 18:8; 47:10; 52:15; 68:4; 81:5, 10; 85:21; 138:15; 158:1; 179:5 heart 50:12 heat 20:13; 26:23; 27:3,4, 5,7, 11,12, 14; 28:4; 29:3; 45:16, 19, 22; 55:8; 56:2; 57:15; 101:5, 12; 168:24, 24 heated 56:5,7; 59:3 heater 55:12 heating 55:10; 58:3, 11 held 15:20; 68:15; 70:24; 72:24; 82:17; 83:5; 104:16; 108:15; 110:22; 114:6; 132:1; 149:22; 155:8; 170:2; 174:14; 179:24 help 10:12; 21:7,10; 27:10,14; 39:15; 47:24,25; 61:15; 73:23; 130:23; 131:9; 134:7 helpful 21:14; 23:10, 10; 54:15; 130:22 helps 9:3; 10:6; 33:2 Herber71:15 Herbicide 14:7, 8 here's 91:8 hermetically 117:1, 6 hexafluoride 117:11 hierarchy 38:25 high 7:18; 22:18; 57:12;92:24 higher 130:7; 170:19,20,21; 171:2, 3, 8, 15, 24 highly 70:12;91:6; 133:14; 134:6 hired 61:12 history 14:17 hold 122:25:123:11, 14; 124:1; 144:21; 146:13 hole 136:9:137:10, 19, 20, 22; 138:7, 9, 19,.21 holes 136:4 Honorary 145:25; 146:1, 2 hood 45:5 hook 19:18 hooked 19:1 hope 15:17; 148:13, 15; 177:22 hoped 35:1; 124:5 hopefully 39:6; 70:11 hoping 58:16; 147:12, 13 Horowitz 80:3 Horwitz 78:21; 79:14, 25; 81:14 hot 55:24; 56:7; 78:22; 155:25 house 152:14 Howard 36:4;37:2; 90:6 human 77:7 humans 77:13 humbleness 174:18 humbly 38:11 humidity 45:6 hung 51:20 hurrah 172:22 hurting 96:11 hydraulic 30:18; 31:4, 5; 101:11 hydraulics 101:4 hydrocarbons 22:22; 25:22 hydrogen 8:14,18; 9:11; 10:1; 120:4 hydrogens 9:25 hymnal 9:23 I l-N-E-R-T 26:13 Iconco 52:16 idea 29:7,9; 107:4; 148:6 identification 10:16; 48:10; 49:5; 56:13; 63:5; 68:10; 71:11; 75:1;78:14; 82:19; 83:7; 84:10; 86:2; 88:25; 109:15; 118:7; 124:13; 126:22; 131:25; 135:5; 140:23; 143:14; 153:19; 160:18; 170:4; 172:2 identified 73:14 identify 50:15; 83:15; 109:17 Illinois 6:13;7:20, 21; 17:5; 97:9,17, 18; 154:12, 22 immediate 95:10 impelling 112:14 implicated 87:10 implication 49:22 implied 116:6, 10, 12 importance 20:9 important 20:3; 23:2; 39:18; 42:15, 19; 43:22; 45:7; 59:12; 67:16; 74:12; 102:4; 103:9, 10,23; 136:14 impress 72:7 improper 47:23 impurities 45:9 in-depth 175:14, 23 in-house 64:10 inartfully 54:6 incentive 77:5, 12 inches 136:5, 5 incident 54:21; 55:1; 68:22; 76:14; 114:12, 15; 168:13 incidentally 23:7 incinerate 154:19; 155:4, 6, 24 incinerated 156:2 incineration 154:23; 155:10, 13,20; 156:10, 14; 157:12 incinerator 154:10; 155:13, 19 included 132:4, 11 Including 18:17; 67:12; 79:10; 142:24 incorporated 96:7 increase 64:1; 65:10; 95:24 increased 96:3,4, 5, 5, 6; 108:3 increases 22:21, 25 increasing 92:4 indeed 75:18; 76:4; 157:8 indemnify 123:22 indicate 76:23; 136:12,161:11; 171:20 indicated 81:21, 21 indicates 66:3; 76:18; 127:19; 136:11; 154:21 indicating 165:15 indirect 20:13; 55:9, 9 individual 150:25 individuals 52:6; 143:21; 144:4; 160:1 industrial 27:23; 28:3, 24; 30:21; 83:23 industry 15:9; 30:22; 32:3, 8; 39:10, 19; 92:9; 93:14; 100:11; 102:9,10; 103:14,18, 22,24; 104:5; 107:17; 111:15; 124:7; 129:5; 145:13,21; 146:21, 22,24; 148:11; 152:6,7; 170:23; 173:22 Inerteen 26:13 infinitesimal 45:9 influence 177:19 inform 117:15; 129:11; 157:11 information 63:14; 64:21; 65:4, 16,18; 68:2; 79:6; 82:22, 24; 127:16; 134:16; 136:1,14; 138:24; ,139:3; 145:16; 147:16; 158:10,12; 169:9; 173:1,17; 175:4 informed 129:20; 157:10 ingest 78:7 ingestion 76:20 initial 169:15 initials 161:14; 167:10 initiate 150:9; 167:9 initiated 131:17,20: 150:10 injured 55:20 inorganic 8:12; 16:15; 17:12, 18,21; 19:25; 23:6, 8,11; 30:14,15; 31:12; 33:4, 11 inquiry 81:16 ' insecticidal 64:1; 65:11; 81:22 insecticide 82:10 insecticides 50:17; 79:21; 80:6, 12; 81:10 inside 29:15; 117:4, 6; 142:14 insight 173:4 insisted 97:5 install 118:4 installed 112:3; 117:24 instance 137:3; 176:20 instead 46:17; 53:18; 76:5;82:3; 91:2; 93:11; 176:23 instigate 63:2 Institute 87:22; 147:6 instructions 58:22 instrumentation 70:13 Insulation 24:15; 27:12; 44:19; 45:13; 74:8; 75:4, 13, 14, 15, 15, 17, 19, 21; 76:5; 176:21 insulator 27:16 insulators 75:21 insurance 25:16; 114:7 insure 58:23; 159:9; 178:2 insured 122:2 intended 67:7; 77:16, 17, 22 intense 45:22 interest 24:18;40:3; 95:10; 112:4; 137:1; 138:4 interested 36:16; 41:21; 85:4, 6:96:9; 106:1; 118:22; 135:18; 138:5; 141:5; 162:9; 173:19. 19 interesting 85:7 interests 40:9; 41:13; 44:4; 156:6 International 40:7; 41:17; 43:23; 59:8 interrogatories 6:5 interrupt 94:22 intervene 21:9 into 9:8; 23:7; 25:9; 30:9; 31:12; 33:1.11; 34:25; 43:3; 44:21; 45:18; 55:13; 65:19: 69:25; 72:4, 21: 74:9; 75:4, 14; 76:3; 77:25; 96:7; 100:9; 107:14; 113:14; 116:22; Gore & Perry 800 878-6750 Min-U-S cript goes - into STLCOPCB4024848 Paul G. Benignus September 14,1995 Tennessee Gas Pipeline Company v. Monsanto Company 127:17; 133:22; 138:3; 143:6; 167:11, 12; 169:11 introduce 134:9 introduced 23:16; 147:21 invent 63:2 inventor 31:1; 33:9; 38:3; 69:15; 109:8 investigate 72:3 investigation 82:8, 12 investigative 72:13 invited 16:15,16, 20 involve 114:13 involved 18:8; 24:1; 32:17; 37:10; 54:24; 59:8; 67:16; 89:21; 94:12; 111:1; 117:14; 129:10; 168:21 involvement 178:10, 13 involving 134:25 ion 57:12 ionic 45:9 ions 57:4 Ira 137:15 iron 43:5; 57:19 isolate 45:10 isomers 133:14,19; 134:7; 171:15, 24 issue 71:2;85:18; 117:15; 137:1; 162:9 issued 59:17 issues 69:9; 91:16 item 118:1 itself 35:4;45:1; 99:15; 109:2; 119:16; 145:12, 20; 153:8; 156:1 IX 119:9 J J 71:14, 14, 15 J-E-N-S-E-N-S 49:9 J.G 158:3 Jacksonville 7:21 January 48:13; 52:4; 109:18,22; 118:11; 123:23; 141:1; 170:6 Japan 42:11; 59:11, 17, 21, 24, 25; 60:11, 13, 21, 22; 113:22; 115:2,6, 11,16; 177:4 Japanese 41:7; 54:21; 55:7, 10,16; 60:6, 9; 68:21; 76:14; 149:4; 168:13 Jenkins 30:24;33:7, 14;38:1,7 Jensen 87:21 Jensens 49:9,12; 50:1,6,14, 21; 52:6, 9,19; 70:15; 84:24; 85:1, 2 Jim 173:22 job 31:9, 21; 34:7; 37:3; 59:13; 127:17 Joe 61:10; 83:15 John 157:9 Johnson 37:11,11, 12,13,16; 125:14; 160:15; 167:4, 6 join 10:22,25; 16:15; 109-8 joined 19:25 joining 17:11 judge 13:8; 166:24 judged 25:7 judgment 118:2; 120:5 July 126:24; 172:6, 19 June 164:4 K K 110:6,12 keep 10:12; 34:17; 45:8; 84:6; 85:23; 103:23; 129:20; 137:24 keeping 46:10; 127:13 Kelly 51:5,7 Kentucky 20:14 kept 139:9 kidding 155:5 kill 14:3,4 kind 21:8; 111:22; 160:6; 176:24 kinds 72:21; 96:6 Kinney 173:22 knew 16:17; 37:15; 46:13; 61:23; 72:3, 22; 97:24; 129:18; 130:14; 134:9; 138:7; 142:11; 148:12; 153:2,9; 159:10; 160:12; 163:21; 169:18; 174:1 knots 74:2 knowing 65:13; 100:16 knowledge 68:6; 82:5, 15; 87:8; 128:4; 168:2, 12; 178:17 known 57:1; 117:12; 153:10; 168:24; 173:2; 174:21 knows 165:6 kraft 44:15 Krummrich 154:10, 11; 155:25 Kuhlman 158:14, 22, 22; 159:1,13,15, 16,19; 160:4 Kuhlman's 158:20, 25; 159:22 L l-o-u-g-h-r-y 135:20 L.V 63:12 lab 11:1,3,18,21, 24, 25; 12:3,4; 13:20; 30:11; 87:2; 135:22; 166:1 labels 58:22 Labor 96:4 laboratories 17:21; 86:25 laboratory 15:6; 17:16; 61:9; 92:19, 21; 136:1 Laboratory's 83:23 labs 12:9; 14:18; 163:3; 165:3 ladies 45:3 land 147:18; 148:2, 5; 169:21 Langenfeld 167:13 large 16:21;42:17; 43:12; 113:4; 115:23; 126:14; 139:10 largest 30:23; 139:17 last 25:25; 66:6; 109:21; 172:20,21, 22; 173:15 late 42:7;47:2; 91:17; 168:4 later 20:18; 46:5; 51:19; 54:20; 69:7; 94:25; 95:1; 138:8; 144:22; 164:15 latest 79:16 law 43:12; 70:22; 147:18; 148:2, 5 lawful 6:2 laws 147:21 lawyer 64:4,7,11; 67:18, 20 lawyers 72:22 layer 136:7 layman 8:11 laymen's 70:8 lead 21:8; 100:11 leader 90:13,16; 91:2; 106:24 leads 67:3 leakage 55:12 learned 64:11 least 50:5; 66:19; 80:17; 164:4 leave 16:14; 40:5; 140:4; 167:22 lecture 21:13; 23:19 led 20:18 left 16:13; 19:22; 99:24; 171:10 legal 9:6; 67:15,16, 21,23:120:5, 17,25; 121:3,9; 145:2,6; 148:7, 16 Less 57:3,4; 73:25; 120:3; 143:4, 5; 171:1 letter 125:15; 126:24;127:20; 128:20; 129:10; 135:7,7,19; 137:6, 8; 138:25,140:25; 141:2,6,14; 144:25; 156:7; 169:20; 178:18, 19 letters 124:21; 139:22; 145:6; 165:21,22; 178:8,9, 11, 14 level 43:7; 73:6; 164:25; 165:1, 2 levels 36:15 Lewis 126:24 liability 119:16; 120:7,19; 121:7; 122:19 liable 120:11 liaison 41:17 license 95:2,3; 98:10, 12,16, 20; 99:3, 4, 10, 14 licensees 38:6; 95:5, 11; 97:22 life 11:20; 28:16; 50:15; 64:1;65:11; 93:5,12; 96:11,12; 134:14, 20, 22 light 85:20, 91:16; 93:1; 113:17; 117:9; 173:1 lights 43:18 liked 25:16 likely 39:17; 169:11, 14, 16, 23, 25 Liljeholmen 141:20 lily 100:5 limitations 67:6 Limited 22:l6 limits 166:20, 21, 22 lindane 64:2; 65:11; 81:22,25 lindanes 66:6 line 24:22;35:18,19, 19; 42:25; 49:19; 59:16; 80:8; 114:10; 116:13:126:17; 173:8; 177:10 lines 26:24:43:1; 74:1 liquid 20:19; 27:6,8; 45:14;75:15,17; 76:5; 176:24 liquids 20:25, 25 list 26:14; 35:16; 6l: 16; 120:24; 132:4, 11 lubricate 29:5, 5 lubrication 28:25 listed 51:4; 68:17; 124:17; 129:23; 160:13, 20, 23 listen 174:21; 176:3 lists 105:2 lit 114:3 literature 67:12 little 7:17; 10:13; 25:4;40:21,22; 44:14; 69:19; 73:11; 122:15; 128:3; 149:1 M M 31:2 M-Y-E-R-S 151:2 M.D 83:17 M.S 7:24 machine 29:2; 44:18; 45:5 main 42:25 mainly 4l:l4 lobbied 152:3 located 47:8; 111:21 location 97:8; 111:9, 21, 22 locations 111:14; 129:15 London 47:8;86:23; 87:6 maintained 178:19, 22 maintaining 46:1, 11; 107:4 major 7:19; 134:2 make-up 123:6 maker 44:14 makers 93:15; 98:14 long 13:17; 31:3; 103:22; 107:21; 145:23; 146:8 long-term 73:6 makes 118:2; 158:23 making 23:7;46:17, 18; 65:12; 75:15,21; 95:16; 98:24; 101:25 longer l6:9;33:14, 25; 66:6; 123:4; 176:14, 19 look 56:17; 65:19; Mallory 126:8,16, 17, 25; 127:21; 128:15,23; 129:13, 16, 19 72:3, 17, 23; 86:13; 93:9; 131:12; 134:4; 135:15; 143:16; 160:25; 170:13; 177:18 looked 72; 19; 81:24; 106:3, 22; 138:3 looking 13:8;41:12; 49:19; 61:19; 91:12, 12; 93:2, 16; 103:14; 109:16; 132:15 looks 74:2 lose 103:8; 104:8, 11; 107:24 loss 45:13 man 16:18; 49:24; 64:9; 68:5; 86:23; 109:10; 120:25; 121:3 management 23:5 manager 35:11,17; 36:6,8; 124:23; 127:1,8,15; 128:1; 154:4; 167:6, 13 managers 15:8; 35:16, 21; 37:14; 90:8 manner 128:22 manufacture 32:4: 42:21; 55:17; 79:9; 92:24; 97:8; 98:10; 119:10 lost 55:25;99:23; 104:8 lot 13:11, 20; 26:22; 29:3, 14; 40:1; 43:19; 113:9; 116:23; 117:16; 127:16; 133:24; 139:9; 171:1, 11; 174:19 Loughry 135:20 manufactured 17:2; 47:9; 55:7; 94:8; ! 126:12; 176:6 1 manufacturer 39:25; 93:20; 158:15, 15 manufacturers 123:3; 126:6, 7,14, 15; 147:4 Louis 7:24; 11:22, 23; 15:2; 17:23; 18:3; 20:1; 23:6; 51:9; 109:19; 110:3, 25; 118:11; 124:24; 127:10; 154:13, 14; 172:4, 8; 175:6 low 114:16 manufacturing 12:11; 22:1; 97:11; 98:7; 106:16 many 21:25; 29:24; 30:5; 95:14; 119:11; 134:10, 10; 138:8; 150:14; 174:17 margins 99:18 lower 133:15,19; 171:11, 12 lubricant 29:13 lubricants 29:1 mark 10:12 marked 10:16; 48:10, 12; 56:13, 15: 63:5, 7; 67:5; 68:10, introduce - marked Min-U-S cript Gore & Perry 800 878-6750 STLCOPCB4024849 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignus September 14, 1995 12; 71:11; 75:1; 78:14; 82:19; 83:7,9, 21; 84:10; 86:2; 88:25; 109:15; 118:7; 124:13; 125:13; 126:22; 131:25; 135:5; 140:23; 143:14; 153:19; 160:18; 170:4; 171:14; 172:2 market 20:22; 59:17, 24; 60:22; 96:7,18; 98:15; 99:23; 100:20; 101:12, 12; 171:22 marketably 104:10 marketed 17:7 marketing 37:4,7, 14; 38:25; 90:7; 104:21 markets 101:11,13 marking 10:7 Marsh 140:25; 141:3 Maryland 81:19 mass 70:1; 88:2 Master's 10:18 material 13:15; 22:8; 29:22; 44:25; 45:25; 55:15; 66:16; 94:16; 95:11 Materials 26:7; 30:3; 39:21, 23; 40:12; 60:19,19; 76:20; 95:17,18,19; 103:7; 109:6; 136:4; 142:19; 147:1; 148:10; 176:15 math 70:23 matter 27:3,11; 43:7,11; 100:19; 131:17; 167:19 maximize 106:15 maximum 90:21; 91:3; 107:1 may 8:14; 13:11; 14:15; 21:7,10; 29:15; 32:25; 38:11; 40:23; 47:25; 50:2; 54:12, 14; 6l: 15; 66:23; 72:8; 86:24; 87:11; 103:2; 106:5; 113:15:119:19; 131:11; 165:25; 166:9,9; 174:24, 24 maybe 14:25; 17:19; 26:18; 28:20; 53:17; 54:14; 57:9; 65:4; 72:15, 19, 20; 87:2, 2; 122:14; 126:4,14, 14, 18 141:11; 157:3,3,18; 178:21; 179:2 meaning 8:14; 22:20; 75:9; 122:21; 124:25; 171:1 means 55:9;73:17; 93:5; 128:7; 170:16, 17 meant 75:10; 80:25 mechanical 57:11 median 20:13 medicinal 8:1, 2 meet 44:12; 84:21; 150:8; 174:13 meeting 6l:3;71:2; 109:19; 110:1, 2,22; 111:2,3, 5; 112:18; 113:2; 118:11,14, 17; 119:5; 122:5,16; 139:25; 140:7,10; 149:16; 150:7; 164:15; 172:23; 173:20; 174:14; 175:8; 176:2; 177:11, 12 meetings 51:1; 69:8; 83:22; 146:3 member 154:7 memo 47:7,12,18; 48:13,19; 157:6; 163:22 memorandum 48:15; 49:4,17; 50:14, 21; 51:1,11; 56:21; 59:16; 6l:l, 4; 62:5; 63:9, 20; 64:18; 66:20; 68:12,21; 70:25; 71:13, 19, 20; 76:7, 13; 78:15, 21; 79:6; 80:18; 83:10; 84:12; 89:2, 11,23; 90:19; 92:6; 106:22; 108:6; 125:1,14; 141:6; 142:17; 143:18; 144:4; 153:21,24; 154:2; 156:7; 157:14; 60:8; 164:3; 170:6, 11; 171:19; 172:4; 175:20; 177:18; 178:9 mention 81:8 mentioned 137:18; 173:14 mentions 158:14 merely 81:8;82:3; 92:23; 95:3; 111:20; 151:10 mess 98:1 MCS 132:25; 133:1 mean 11:21; 17:13; 18:9: 21:13; 24:13: 37:22; 40:19; 42:16; 47:17, 18, 22; 55:19; 75:6, 12; 85:18; 96:12; 100:3; 110:21; 126:5; 130:19; 133:15; 139:5; message 154:25; 157:11; 158:6; 159:3 j met 26:5; 40:8 I metal 27:9;44:21; | 45:15 Metcalf 6:13 meter 43:6 methodology 88:11 methods 79:9 Mexico 42:12; 124:22, 23 mid 40:23; 41:8 middle 126:18 midnight 144:8 might 10:9; 12:7; 24:22; 39:14; 49:23; 61:17; 76:19; 79:8; 83:21; 86:20; 87:1; 103-T; 111:4; 147:16; 166:8; 173:12 migrate 138:23 migrated 136:13 migration 136:15; 173:14, 16 miles 30:25 military 97:4 mill 44:17; 116:23, 23 million 57:2; 73:7, 8; 78:10 mils 100:2 mind 28:18 Mine 48:5 mineral 24:20; 25:6; 60:20; 112:6,7,9; 113:14; 114:10,15, 19,22; 116:3,3; 117:19, 25; 119:13 minor 7:20 minute 25:23;47:25; 67:2; 122:10 mischaracterizes 168:17 misidentified 72:9 mislead 54:18 missing 39:9; 116:5, 6 Mississippi 137:18 misunderstood 156:9 Mitsubishi 59:21, 24 mix 66:5; 133:22 mixed 137:20 mixture 133:10 MMK 59:15, 16, 18 modest 106:7; 162:10 modified 19:20 modify 19:5 Moisture 57:5, 6,13 molasses 21:1 mold 14:14,14, 14 moment 9:22; 51:21; 56:17; 63:17; 86:13; 89:9 money 25:12;72:4, 14; 96:16; 104:11; 107:25 Monsanto 1:3;7:15; 8:8; 10:18, 22; 11:19, 20, 21, 22; 14:17; 15:22; 17:5, 7; 23:2, 3; 24:3; 32:1, 2,3,13; 33:24; 35:3; 37:24; 39:11; 40:20; 41:3, 22; 42:2; 43:21; 49:21; 52:5; 58:21, 25; 59:21, 23; 61:12, 24; 63:3; 64:5; 66:23; 67:12,19; 68:1; 82:5, 14; 85:10,12,15,19; 86:23; 87:4; 90:14; 92:15,18; 3:4,19; 94:24; 95:13,17, 20, 23; 96:10,16, 24; 97:9, 16,17, 20; 99:6, 17; 100:20; 101:6, 16, 22; 102:2,11,12; 104:6; 106:2,16; 107:16, 23; 110:25; 111:5,7; 119:1; 122:4, 11, 16,25; 123:1, 22; 131:10; 132:18; 134:21,21; 135:22; 136:2; 138:4, 20; 139:4; 141:7,8; 142:19; 146:13; 151:9,18; 152:4,20; 53:2; 155:12,21; 156:11; 158:23; 162:21; 164:17; 166:6; 173:21; 177:17; 179:17, 25 Monsanto's 17:2; 26:4, 11; 39:24; 40:2; 90:12,15; 95:25; 97:7; 110:22; 120:17; 175:8 Monsanto/Mitsubi shi 59:18 months 151:21 more 12:6; 19:21; 20:1, 25; 21:10,10; 23:1; 25:6; 26:14; 28:20; 33:20; 37:3,6; 44:14; 55:15; 56:9; 60:23; 79:6; 80:8; 92:7, 11; 94:18; 101:23,23; 102:3; 103:24; 106:7; 116:20; 117:16; 125:6, 6; 133:13; 134:6; 143:4,4, 5, 5, 5; 152:10; 169:11, 14, 16, 22, 25; 173:1, 4, 11; 175:3 Most 107:15; 112:14; 128:13,14; 133:15; 141:15; 142:20; 148:23 motel 111:24 mother 141:17; 142:14 motors 43:4 move 30:9:33:4; 70:14; 125:25; 132:8 moved 23:5; 124:24; 127:10; 172:8 much 9:7; 20:1; 23:1; 41:11, 14;42:6, 20; 45:19; 89:22; 99:5; 100:6; 101:21; 103:24; 115:16; 127:12; 173:4, 8, 11 multi-page 124:15 Munch 38:19,21; 69:20, 21; 71:14; 89:2, 11, 13,14; 91:7, 22; 92:18; 106:23; 134:21 Munch's 108:6 mundane 17:24; 20:8 Murphy 110:6,6,12, 16 must 121:3; 144:13 Myers 150:10; 151:2; 152:4; 177:15 myself 72:22; 173:10 N N 26:13 N-A-R-R-O-D 130:13 name 6:9; 17:2; 18:10,10; 25:18,20, 21; 26:4, 10, 11, 12, 13; 61:21; 62:15; 110:10; 127:6; 143:19; 161:13; 163:3; 165:3 name's 86:14 named 49:9 names 18:11; 26:14 Naphthalene 81:2 naphthaline 81:6 Narrod 130:13,14 National 147:4, 6 naturally 53:25 nature 49:6; 50:17; 53:13, 14 Navy 97:3 near 87:6; 120:4; 174:10 nearly 22:23 necessarily 167:25 necessary 77:7; 159:23 necessity 104:12 'need 7:6; 17:10; 26:25; 39:14; 44:8; 92:22; 103:25; 109:8; 112:17; 117:22; 132:14; 155:14; 158:5, 9; 159:4; 166:1; 173:17 needed 20:5; 29:5; 40:4; 58:4; 88:13; 92:7; 93:12; 96:15; 127:17; 161:6; 164:6 needs 64:12;92:2, 19; 167:8 neither 64:16, 16 NEV-3895 135:11 new 13:1; 23:16; 31:23, 25; 32:2,18; 63:2; 91:20; 92:8; 113:4,9,15; 114:4; 115:10; 128:1; 144:17; 157:24; 164:18 Newman 147 A newspaper 49:5, 11; 50:4 newspapers 52:21 next 9:15; 17:10; 23:21; 36:23; 48:7; 58:1; 62:5; 70:5; 74:6; 90:24; 115:25; 136:11; 147:5; 148:2: 166:17; 170:19 niches 171:22 nine-page 86:19 nobody 14:21; 18:8; 52:15; 72:3,11; 93:24; 100:25; 142:5; 165:5 nobody's 25:11 nominate 146:19 non-PCB 132:18; 162:21; 163:17; 164:7, 18 nonagriculture 66:24 noncrop 81:23 nondielectric 101:4. 102:22 none 116:14 nonelectrical 30:1" 34:1, 23; 36:9; 63:1: 80:20; 99:23: 101:16. 17; 102:13; 123:24 nonreplaceability 112:15 nontechnical 70:" Nor 110:18:119:13: 120:3 Norm 37:12,12,15; 125:14; 167:6 normal 46:4; 55:14; 56:4, 5; 77:25; 78:1 Norman 37:11 Northwestern 83:1" notation 86:5: 109:21 notations 69:5 note 13:19:22:17: 68:20; 119:19; 121:9; 132:2; 177:23 noted 22:18 notes 168:13 nothing 6:3; 20:8; 24:5; 51:3; 67:24: 95:22; 96:1: 128:25; 139:7,7 notification 144:23 notifying 65:8 notwithstanding 156:17; 157:15 number 22:8,10; 24:6; 35:21; 48:14: Gore & Perry 800 878-6750 Min-U-Script market - numbe - STLCOPCB4024850 Paul G. Benignus September 14, 1995 Tennessee Gas Pipeline Company v. Monsanto Company 68:l4;71:l6;76:9, Ohio 149:24 17; 78:17; 82:23; 83:12; 84:15; 89:8; 124:16; 125:14,18; 128:8; 139:13; 143:21; 144:2,11; 153:23; 156:19; 157:17, 23; 158:21; 159:24; 164:21; 170:7; 172:11; 177:19 numbers 56:16; 63:13; 86:5; 105:22; 109:20; 118:12; 135:11; 141:1; 172:6 numeral 118:23,24; 119:9, 25; 120:16 nuts 176:8 oil 20:14; 24:20; 25:6; 55:10; 60:20; 112:6,7,9; 113:14; 114:10, 15,19, 22; 116:3,3; 117:19,25; 119:13 Olson 61:2; 76:7,14; 77:11; 90:2, 4, 5; 129:23, 23 One 15:9; 18:25; 19:13; 22:17; 25:18; 40:6; 42:25; 51:21; 53:17; 62:15; 69:1; 73:5; 75:16; 80:19; 83:21; 91:23; 93:8, 25, 25; 94:11,18,18; 95:2, 8; 96:24; 100:9; o 101:10; 102:4, 15; 104:24; 106:14; O 16:24 object 35:6; 36:25; 109:4; 116:1,3,7, 17; 122:14; 124:20; 126:8; 133:10; 136:4; 46:20; 50:8; 53:15; 137:16; 141:18; 75:7; 103:16; 110:9; 142:1; 146:20, 24; 119:18; 130:1; 157:2; 147:24; 48:11; 149:1; 160:22; 163:19; 164:10; 168:16 objection 132:3; 161:7 objective 90:4,12, 14; 91:1; 106:24 objectives 71:4,7; 92:9 obligation 98:12 obligations 98:11 observed 133:12 observer 70:4 obsolete 141:16 151:9; 156:6,19; 157:17, 23; 158:17; 159:2, 24; 160:7; 161:8; 162:2,10; 164:3,4,16, 21, 22, 22; 166:19; 167:8; 168:10; 170:14; 172:20,20; 175:13, 19, 22; 179:13 one-to-one 120:4 ones 25:4,4; 117:20, 21, 23; 133:14,16 only 6:19; 35:18; 39:25; 45:7,11; obtain 106:16 obtained 10:18 Obviously 109:9; 114:9 occasions 97:8 50:14; 51:9; 57:1; 65:22; 93:20; 95:18, 19; 100:20; 101:6; 103:6; 123-3,11; 128:5; 132:3; 137:3; 151:9; 158:5; 171:3 occur 23:15; 143:2 onto 93:1 occurred 129:21 open 116:25; 117:1, occurrence 50:17 24; 119:13 October 78:16; opened 70:17 124:25; 135:7; 144:6, 12; 153:22; 154:9; 172:18 OD 64:21 off 15:20; 21:9; 38:24, 25; 68:15; 70:24; 72:24; 82:17; 83:5; 86:14; 102:12; 104:16; 108:15; 114:6; 132:1; 145:7; 148:24; 149:22; opens 21:5 operating 43:3 operation 45:2; 96:13; 141:18; 142:1; 165:15 operational 142:2 opinion 50:20,24; 58:15; 67:21; 72:6; 107:23; 113:2; 162:19 opportunity 135:15 155:8; 161:13,14; opposed 103:17; 162:2; 170:2; 179:24 115:10; 131:10; l6l:4 office 79:2;87:2; 124:23; 175:8 officer 124:23 official 172:21 officially 26:8 i opposite 77:24; ! 169:13 j oral 6:5; 76:19 j order 99:6; 123:24; I 144:13 ordered 173:5 orders 144:18 ordinarily 44:17 ordinary 84:3; 86:15; 125:8; 143:25; 161:19 own 18:3,11; 34:18; 92:21;93:13; 157:9; 179:17 oxide 20:19 P organic 7:25; 8:11, 13; 10:19; 15:2,4; 16:7, 9,13, 23; 17:17, 18; 29:24; 30:3,6,10, 14; 31:13,14,16, 20; 33:5,11:35:9; 37:23; 82:21; 103:5; 160:20 organization 35:14, 16; 41:20; 81:20; 87:10 organizations P 166:11 P-H-A-T-l-C 10:5 P-Y-R-A-N-O-L 26:12 P.G 63:9; 82:23; 109:21; 144:13 P.G.B 63:14; 64:19; 65:18; 86:7; 161:2, 16 P.J.A 140:25 39:20; 41:18 P.R 126:8, 24 originally 21:19 pad 9:6 originated 79:3; 147:1 OSHA 169:6 others 49:14; 70:16; 80:7; 89:24; 158:21; 173:25 ought 17:19; 82:2; 150:2, 5; 160:5; 177:6 ourselves 21:11; 153:17 page 50:18; 66:11; 74:6; 75:2; 76:17; 85:9; 86:6, 20;87:l6, 19; 104:25; 105:4,6; 109:21; 111:10; 112:11; 115:25; 124:18; 125:1; 127:3; 136:12; 141:13; 170:13; 175:17; 177:18 paid 147:14 out 12:10; 17:19; 19:23; 26:25; 27:5,8; 33:10; 35:19; 37:4, 14; 41:16; 43:18; 44:6; 45:8, 18,20; 48:4; 49:25; 50:21; 65:16; 68:5; 80:9; 99:24; 100:17; 102:2; 104:1,12,14; 106:8; 107:21; 108:4; 112:2; 117:9, 24; 120:9,10; 122:10; 131:9; 133:25; 134:5; 139:16; 141:7; 142:12; 152:20; 158:21; 165:5,8,21; 66:10,15, 17,17, 21; 167:24; 168:8; 169:9; 171:7; 176:9; 178:9, 22, 23; 179:3, 4 outlets 75:16 outside 41:12; 93:11 outstanding 112:22 Papageorge 127:1, 8, 19, 23; 128:3, 6, 11,22; 129:1; 130:25; 131:5; 135:11,19; 136:11; 138:11,14; 139:23; 144:14; 169:19; 170:6; 171:20; 172:5; 174:3 Papageorge's 127:6; 132:5; 138:25 paper 44:16,17 par 85:8; 93:17 paragraph 6l:4; 62:5; 73:5, 23; 75:2; 76:17; 79:8, 24; 80:1, 2; 85:9; 87:18; 90:12; 118:22; 173:15 parameters 134:24 paraphrase 46:16 Pardon 12:19; 137:7; 150:3; 174:6 over 37:13; 38:7; 45:5; 60:21; 87:1, 3; 96:3; 117:3; 125:2; 142:2; 143:1; 152:17; 155:19; 167:6; 171:23,25; 177:15, 17 overcome 159:24 overheated 55:20; 56:3 overseas 176:5 overseer 167:7 oversight 152:17 part 14:25; 19:24; 30:23; 39:18; 41:20; 54:14; 74:7; 98:8; 104:17; 106:19; 124:1 partially 55:14,18 participate 111:7,7; 172:15 particles 45:8 particular 28:17; 32:9; 65:21; 86:19; 102:10; 108:2 particularly 42:21; 59:12 owe 99:14 I parties 65:17; 104:24 parts 29:2, 5; 57:2; 73:7, 8; 78:10,11; 89:24 party 174:16,19 pass 27:17; 68:1 passing 13:19 past 92:22; 93:6; 123:8 Paten 167:14 patent 94:9; 99:11, 15; 100:9 patented 15:18, 19 patents 33:9;94:24; 95:2; 98:3, 6, 7; 99:1, 1 pathology 83:18 Paton 143:19; 144:3, 6, 14; 160:12; 162:5; 172:5 Paul 1:14; 6:1,11; 89:24 pay 95:3; 98:16,19; 99:2; 118:3 PCB 18:6,8,9; 54:4; 55:14,15,16; 56:4; 70:16; 78:1; 81:16; 84:7; 91:16; 92:25; 101:13; 102:8; 108:13; 109:18; 118:10; 119:1; 128:9; 139:4; 142:18; 143:5; 144:3; 145:20; 150:1, 4; 162:16,21; 164:5, 6; 165:8; 166:2, 13; 168:2; 169:20; 170:19; 173:5,14, 16; 175:15,16; 176:19; 178:2 PCB's 18:12; 28:23; 31:10; 32:5; 36:7,9; 46:3, 8, 17, 18, 25; 47:6, 9; 48:22; 49:1; 50:21; 52:12,21; 53:8, 11, 12, 13,22, 24; 54:22; 55:8,13; 56:5; 59:25; 60:10; 61:13; 62:1, 17; 68:6; 69:14,17; 70:9; 73:16, 19; 78:2, 6; 81:9; 85:14, 20; 91:13; 95:6; 96:7; 101:6, 14, 23; 102:6, 18; 103:6,8; 104:13; 125:3; 33:22; 136:24; 141:7; 145:1,12; 149:12; 162:23; 163:1, 4,10,16; 164:12, 23; 165:4,9; 166:7; 168:6, 14,21, 25; 169:5; 172:12; 175:14, 23, 24,25; 176:6; 177:1,6, 24; 179:10 PCB's) 88:3 PCB-containing 102:7 PCB-related 139:16; 154:18; 176:14 peaks 88:3 pen 19:8, 21 Pennsylvania 135:21 pension 179:25 pentachlorophenal 13:20, 25; 14:2; 138:5 people 14:18; 25:9; 37:4; 40:1; 55:10,15; 65:9; 67:6; 68:3; 70:7, 15; 72:7; 75:23; 77:15, 22; 78:7; 90:7; 94:1,12; 96:9; 101:25; 102:23; 115:9, 10, 16; 120:6, 25; 125:14; 128:17; 129:17,18; 135:1; 146:19; 150:8, 24; 151:8; 153:2; 157:15, 22; 158:10; 159:13, 20; 167:10; 173:4, 20, 21; 175:5; 176:10 per 57:2; 73:7,8; 78:10, 11; 95:14; 108:3 percent 81:21; 105:9, 14, 20; 106:8; 129:5; 133:23, 23; 134:6; 170:17, 20, 25; 171:3,4, 8, 10, 11, 12 perform 17:14; 96:17 performance 112:5 performed 15:7; 49:8 perhaps 32:10; 65:22; 73:23; 110:11; 158:6 period 28:17;31:24; 34:7, 24; 40:13, 20; 41:8; 59:1; 87:11; 93:18; 111:4; 112:22; 146:12; 170:22; 171:12, 25 periodically 34:13 periodicals 52:21 persist 78:7; S2:9; 133:15 persistence 133:21 person 31:22; 34:10; 35:15,20,22; 37:22; 38:9; 96:21; 102:5; 105:25; 108:12; 130:9 personal 31:18; 178:10, 13, 17; 179:8 perspective 126:12 pertains 30:2 pertinent 89:24 pesticide 64:2; 66:24 pesticides 76:24 Peter 141:3 Peterson 162:13, 16, 19, 25; 164:11; 165:13 Ph.D 83:16 numbers - Ph.D Min-U-S cript Gore & Perry 800 878-6750 STLCOPCB4024851 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignu: September 14,199! phase 43:2,3; point 8:7; 14:16,17; 69:23; 70:2, 4 16:8, 9; 17:6; 18:1; philosophical 142:22 philosophy 67:3 phoned 111:4 phosphate 103:3,4, 7 21:2; 33:13:41:6; 42:18; 51:18, 24; 52:3; 54:2; 56:4; 60:6; 77:10; 92:23; 93:3,17; 98:3; 100:15; 102:24,25; 106:10; 112:4,4; phosphates 30:3 113:10, 10, 12,17; phrase 50:9; 122:15 phrased 54:6 physics 7:20 picked 71:25; 134:15 114:1; 120:20; 122:23; 123:17,18, 19; 125:12; 130:5; 132:16,17; 142:12, 12,25:153:1,16; picture 9:1; 18:5; 154:9; 156:7; 157:18; 33:22; 171:16 58:2, 22; 159:12; piece 9:5 pieces 52:12 pinpoint 45:11 pipe 57:1,16, 18 Pipeline 1:1 piping 57:14; 168:15 place 64:10;96:24; 97:8; 98:1,2, 15; 101:6; 112:8; 128:5; 148:9; 155:19; 177:12 places 97:13; 155:22 Plaintiff's 10:15; 19:21; 48:9,12; 161:6,6; 162:4; 163:14; 171:4; 173:9; 176:5; 177:5 point's 65:15 pointed 49:25 pointing 167:24 pointless 173:6 points 68:5, 5 pole 24:23; 25:10, 11; 111:25; 117:21 poles 117:20 political 130:19 politics 130:21 56:12; 63:4; 68:9,12; pollution 91:9,24; 71:10,13; 74:25; 78:13; 82:18, 21; 109:18;110:15; 118:10; 125:2,15; 83:6,10; 84:9,11; 86:1, 3; 88:24; 103:15,20; 104:18; 109:14; 118:6,9; 124:12; 125:12; 126:21; 131:24; 135:4,6; 140:22, 24; 143:13:153:18, 21; 160:17; 170:3; 172:1 141:8,17,25:142:9; 144:25:150:21; 165:11,17, 17 poly 132:22 polychlorinated 49:6; 88:3; 165:11, 16 Polyethylen 75:5 poiyphenyl 16:25 plan 59:17; 104:22 Polypropylene 75:5 plank 93:2 Polystyrene 75:5 planned 172:11 plant 12:9,10; 20:6, 21: 21:18; 60:1, 2, 7; polyvinyl 12:23; 13:12 popularity 171:5 75:14; 86:24; 87:5; populated 26:20; 100:14; 127:8,15, 20,21; 128:1; 129:15; 141:19; 154:12, 17, 19; 155:18 plants 14:4,7,8; 20:17; 73:25; 128:4 plastic 15:11 plasticizers 12:23; 13:10; 15:11; 104:1 plasticizing 13:11 plastics 12:24 Plaza 175:6 112:9 Port 175:6 portion 43:2; 56:20: 100:10; 105:8; 107:16; 121:21; 124:9; 133:6 portrait 111:14 pose 145:12 posed 145:20 position 14:23; 30:10; 42:17; 51:19; 100:22; 119:19; 121:14, 23,24; please 6:10;7:2; 123:1; 129:24: 158:11 15:24; 33:2; 58:9; j positive 45:7; 177:23 94:22,22; 133:5; 157:10; 158:21 ! possibility 115:7; 116:4 Plenty 94:1; 100:6 possible 94:11; plus 57:4 106:15; 132:4 postgraduate 7:23 presume 43:22; postscript 66:11 108:17 posture 89:17; 90:15:91:10; 92:16; 99:22; 103:14,17, pretty 34:8;46:13; 56:2; 96:1,8; 114:1, 18; 131:12 21; 104:7; 174:25 prevalent 116:20 potential 96:18 previous 82:25; 83:1 potentially 14:4; 71:23 poultry 80:7 previously 16:22; 19:23; 125:4 price 25:14; 95:20, pound 95:14; 108:3; 154:20, 23 pounds 100:3 poured 136:10 21; 96:7; 155:4 prices 104:12; 108:3 primarily 23:7; 110:21 powder 23:9 prime 170:14,21; power 24:22; 42:25, 171:12 25; 43:1, 1,2,4,10; 45:12; 112:1; 113:5; 114:4; 115:17; 117:23; 134:24 powerful 13:22 ppm 73:7 practical 100:19 practice 131:6 practices 44:2 principle 157:3 printouts 65:24 prior 69:1; 100:1; 144:13; 145:7; 151:17; 162:19; 164:15 probably 90:20; 106:25; 142:23; 157:23; 176:22; 179:5 precedent 120:6 precipitous 119:1 precipitously 91:7; 102:12 precise 28:20 preclude 140:7 problem 25:12; 32:9; 43:6; 72:19, 20; 91:24; 108:13,18; 109:18; 117:3; 118:10; 119:2; 134:2, 8; 141:8,12,17; 142:1,9; 143:2, 9,10; predict 107:12 146:18; 156:19; predominantly 157:17; 159:10, 24; 170:16 prefix 124:16; 153:23 prejudice 132:10 premise 102:4,4; 133:11, 20 162:18,18; 164:5; 166:2,8 problems 43:20; 85:19; 107:20; 145:12, 20; 146:23; 167:8; 172:12; premium 25:7,14; 175:14, 23 118:3 proceeding 6:19 prepared 66:15; 108:6; 109:25; 110:2; 132:7; 170:9 process 12:9,10, 12;22:1;79:9; 152:24; 158:11 preparing 111:19 preposterous produce 121:17; 151:14 150:18 produced 17:7; present 87:8;90:20; 20:10;4l:4, 5, 5, 6,7; 91:13 I 66:1; 100:14; 141:7, presentation 144:3, 15; 142:19 5; 177:21, 23 producer 39:25; 41:3 presented 177:22 producing 20:18 preservation 13:24; 15:15 preserve 14:3 product 13:3,15; 21:19, 22; 22:1, 3; 24:1; 28:17; 29:15; preserver 13:21 32:15;38:18; 40:3; preserving 14:10 44:12; 59:25; 67:7; president 35:11; 83:16 pressed 161:22 presses 28:8 101:4; 102:22; 103:25;104:4,5; j 121:17;130:17; | 132:18; 159:23; ; 170:14, 14,21; pressure 29:13,17; 171:6, 23 45:8; 99:17 presumably 98:22 production 75:6; 94:9, 24 products 23:16; 31:23, 25; 32:5; 39:21; 44:10; 106:1, 17; 128:9; 139:4; 142:3; 171:12 professional 7:15 Professor 84:17,22, 24; 85:3, 5, 12 profit 90:22; 91:4; 98:23, 24; 105:9,15, 17, 20; 106:7; 107:1; 108:3 profitable 104:4, 6 program 71:4,7; 172:10,15,24; 175:21 program's 175:11 prohibited 60:10 project 107:12 promote 64:16 promptly 8:7; 101:17 pronounce 143:19 pronounced 113:8; 141:21 proper 131:18; 147:22; 148:9,18; 154:6 properly 96:17; 155:9,11,17 properties 21:5; 22:4; 27:25; 28:2; 32:15 property 155:12 proponents 25:15; 114:8 proposal 63:25 proposed 148:3; 173:20 propounded 6:5 prospective 77:3 protecting 46:3 protection 148:16; 152:18 provide 25:7,14; 58:4; 65:20; 77:6; 94:15; 163:2; 165:3 Province 55:3 public 125:2 publication 49:11; 52:18; 55:6 publicity 49:14; 52:11;58:15; 59:11; 85:14 publicized 50:4; 125:6 published 52:13, 20, 25; 65:11 pulled 171:7 purchase 100:23; 101:1, 2 purchaser 139:10 purchasers 159:22 purchasing 135:9 pure 39:2;44:17; 50:22; 94:16 purely 90:8 purity 11:12,13; 45:25; 46:11; 92:24 purpose 20:16; 68:5; 106:12; 111:18; 138:18; 146:16; 154:2; 170:11; 172:23; 175:5 purposes 34:18 pursuant 86:11 pursue 60:20,23, 25; 69:24; 81:8; 127:11 pursued 32:3 put 19:5; 21:3; 25:9: 26:16; 27:1, 13; 43:1. 3; 44:21; 51:23; 60:7: 94:13; 95:14; 97:6; 101:1, 15, 24; 115:3. 7; 116:22, 24; 126:12; 136:18,18: 137:21,22; 143:4,5; 158:24; 162:1; 163:17; 176:16 putting 166:7; 173:10 Pyranol 26:12: 118:25; 166:14 Pyranols 123:21 pyrolysized 55:14, 18 Q qualified 49:24; 50:2; 146:19; 151:7 quality 45:14:92:24: 97:19 quantity 92:25 quarterphenyl 19:1 questioning 131:19 quickly 21:11; 101:22; 102:11 quite 30:12;81:23: 102:5; 114:16 quote 150:21 quotes 52:15 R R 71:15 R-A-U-B-O-N 87:4 R.A 51:5 R.H 89:2 Raab 108:10,16, 20; 109:9; 110:3,20; 111:4, 14; 112:14, 18; 113:1, 18; 119:7. 8; 120:23; 153:12; 177:21 Raab's 121:4, 5 rage 96:13 Gore & Perry 800 878-6750 Min-U-S cript phase - rage STLCOPCB4024852 Paul G. Benignus September 14, 1995 Tennessee Gas Pipeline Company v. Monsanto Company raised 48:25; 104:11 Ralph 38:19;69.20; 71:14; 91:7; 109:11 ran 138:13, 21; 139:8 Randy 131:1 rapidity 92:4 rapidly 126:15 rare 114:14,16 rather 18:3,14; 29:19; 54:11; 113:8; 117:25 ratio 120:4 Raubon 86:25; 87:4 ravages 46:4 raw 95:17, 19 Ray 154:5 reach 157:22, 23, 25 reached 118:17; 133:22; 149:5; 171:7; 176:1 reaching 90:3 reaction 119:1 read 49:16; 56:25; 57:9,22; 66:13; 85:11; 106:6; 112:20; 113:6; 119:24; 120:1; 121:22; 133:7; 145:2; 163:22,25 reading 79:7,23; 105:23:128:20; 157:8; 175:18 reads 164:21 Ready 60:4 real 6:25 realize 29:22 realized 103:13 Really 20:7; 30:6; 37:2; 72:21; 87:14; 92:19; 107:24; 125:23; 131:15,17; 142:5; 143:2; 152:23; 153:13,14; 155:24; 157:19; 161:20; 168:16; 177:9 reams 65:16 reason 19:24; 34:20; 45:2; 65:21, 22; 80:23; 119:8; 122:11; 129:9; 149:6,10; 153:14; 156:22 reasonable 148:4 reasonably 162:17 reasoning 88:4 reasons 67:10; 91:23; 118:3 recall 32:21;66:19; 69:8; 73:1; 85:15; 87:12, 12; 110:22; 119:6; 139:3; 145:5; 152:4, 5; 160:7; 162:6; 165:23; 177:12 receive 86:15; 100:17; 125:7; 161:18 received 51:10; 71:19; 84:2,13; 86:11; 100:18; 104:25; 125:8,19; 143:24; 165:13; 167:1 receiving 49:15; 143:22 recent 18:6 recently 109:23 Recess 46:22; 118:5; 143:12 recipient 51:4; 68:18; 76:10; 78:18; 124:18; 127:3; 135:13; 160:13,21, 23 recognize 106:4 recognized 106:4 recognizes 163:1; 164:11 Recognizing 31:15 recollection 84:19 recommend 163:4; 165:4 recommended 63:21; 67:11 recommending 64:25 record 6:9; 9:5,15; 15:20, 24; 24:12; 36:4; 68:15; 70:24; 71:16; 72:24,25; 76:6; 78:15; 82:17; 83:5, 9; 85:11, 22; 86:3; 89:2; 104:16; 108:15; 109:17; 114:6; 118:8; 121:22; 124:14; 132:1,2; 133:7; 140:24; 143:18; 149:18,22; 155:8; 170:2; 172:3; 179:24 record's 6:25; 19:20 records 139:9, 15 redesign 134:1,12 reduce 132:22 reduced 171:24 reduction 171:4 refer 38:13; 61:18 reference 64:15,18; 81:3; 85:10; 104:20 referenced 73:4 references 89:23; 90:11; 172:10 referred 69:13;81:5; 82:25, 25 referring 10:11; 18:14,16; 49:5; 55:1; 59:15; 75:13; 82:11; 91:16; 109:5; 178:1 refers 59:19;6l:3, 21; 65:14; 83:2; 103:20 refinery 20:14 reflect 164:16 reflected 137:6,8; 168:12; 175:17 reflecting 171:14 reflects 79:6; 84:16; 170:18 reformulate 132:21 refractory 155:15 refresh 84:19 refute 66:21 regarding 52:21,25; 63:15; 68:6, 21; 84:7; 110:1, 2; 125:3,15; 132:16; 136:23; 170:7; 178:9 regardless 35:20 Register 147:8 registered 178:18 regulations 76:18 related 74:13;79:11; 132:18; 142:18; 150:1; 163:17; 164:19 relates 49:4; 63:14; 89:17; 90:2; 135:19; 136:2; 144:3; 177:19 relating 49:12; 87:15; 92:12; 135:22; 172:11, 12 report 14:18; 35:7; 36:14; 37:19; 42:3,4; 47:11,11,16; 48:24; 52:1; 54:21; 160:20, 21, 24; 161:5 reported 36:16,18; 51:14, 22; 53:23; 73:16; 109:9,10; 129:2; 164:16; 169:19 reporter 6:22;8:l6; 55:2; 68:11; 121:22; 133:7 reporting 14:21; 37:21; 47:17; 53:22; 164:3 reports 49:4; 50:14; 79:15; 87:7; 129:1; l6l:18 represent 149:13 representations 74:20 representatives 42:2; 121:2; 122:17; 152:6 represented 113:2 relationship 47:18; request 79:4,6; 108:21; 110:19 122:1 relative 33:13; 90:7; requested 17:20; 91:12; 143:11; 173:23 32:20; 121:21; 133:6; reliable 114:18 140:5 religiously 96:2 require 77:4; rely 159:19 123:13; 166:1 relying 29:18 required 58:10; remainder 33:24 remaining 136:10 remains 156:18; 70:14; 92:24, 25; 155:24 requirement 123:1 157:17 remediate 166:8 remediated 143:8; 166:3 requirements 26:5, 8; 40:11; 42:16; 94:14; 148:8 requires 25:21 remedy 164.19 research 7:25; remember 137:13; 152:8; 171:6 removal 164:23 remove 122:1; 162:22; 165:9 repeat 54:5 10:22; 12:15, 16,18, 20, 22; 13:1, 17; 14:2, 23; 17:14,15,21; 18:4; 30:24; 33:7; 38:2, 17, 19; 39:1,2; 47:19:49:3,9, 12,14; 50:16, 22; 52:19, 25; repeatedly 66:14 54:2, 3; 62:1; 69:14; repellent 13:22 72:2; 84:7; 87:2, 22; rephrase 7:3; 20:3; 28:19; 50:13; 53:20; 110:14; 137:13; 173:23 58:24; 62:22; 66:4; researcher 49:8; 79:24; 110:11; 122:4; 50:23; 53:3 128:2; 129:8; 164:2; 168:19; 175:19 replaced 119:12; 136:7 replacement 24:19; 73:24; 102:9,14; researchers 54:13 reside 6:12 residual 162:22; 165:9 residues 87:9 113:11, 11; 116:2,8, 13; 118:24; 120:14; 134:18; 174:23 replacements 102:8 resins 13:13; 21:2 resistance 25:14; 29:23; 43:5; 103:2, 9; 112:5; 117:22; 134:3, reply 6:5; 120:16 i 25 resistant 29:25; 30:1,2,6; 103:4; 116:7, 8, 14 resists 117:10 respect 31:4; 34:11; 36:12, 23; 39:16; 41:18; 43:23; 46:25; 47:6; 52:12; 54:3; 58:14; 59:3,9,12; 62:11,20, 20; 69:9; 76:14; 77:13; 81:16; 84:7; 85:20; 92:10; 99:18; 100:19; 109:1; 121:7; 122:19; 124:6; 132:3; 140:10,19; 142:8,10; 148:21; 153:6; 159:13; 168:20; 178:7; 179:10, 12 respond 128:16,18, 19 response 48:18; 51:1; 97:7; 121:10 responsibilities 12:3; 30:11; 31:9 responsibility 33:16; 36:22; 37:1; 121:18; 122:7,12; 123:2 responsible 108:13 rest 57:22; 66:25 restrict 21:11; 85:12 restriction 64:25 restrictions 146:14, 15 result 56:9;60:10; 78:4; 119:2; 165:11, 16 resulting 79:21 results 169:19 retire 172:17 retired 7:12; 34:5; 108:20; 151:18, 20, 23,25; 153:1; 172:18; 177:16, 16 retirement 35:24; 41:10, 11; 174:16, 19 retiring 152:24 return 106:15; 142:14 , returned 141:16 revenues 105:3, 7 review 63:17;89:9; 125:21,24; 175:14, 23 reviewed 105:25 reviewing 87:12 rice 55:10 Riceborough 53:3, 23 Riceborough's 52:25; 54:11 Richard 38:14.18, 21; 52:9; 61:2; 68:13; 69:12, 12; 71:1, 6, 14, 25; 72:6; 73:2; 74:7; 75:3; 83:11; 84:12, 17, 21; 89:4,12,14; 106:23; 172:5; 173:24 rid 163:16; 164:5 Right 6:24; 7:8; 8:9; 9:21; 10:1; 11:17; 14:13; 16:3; 18:15; 20:3, 12; 22:22; 24:8; 26:15; 31:17; 33:3, 25; 35:7, 24; 36:11, 21; 37:18; 38:5; 41:11; 46:19; 52:3; 57:21; 58:8; 59:14; 60:5,8, 12; 61:1; 62:19; 63:11; 64:2; 67:24; 68:18; 71:18; 73:12; 74:24; 76:15; 77:8, 9, 16; 78:2, 24; 80:13; 83:18; 84:4; 6:9; 88:19; 89:25; 90:1,11; 91:19; 93:22; 96:14; 98:9, 21,24; 100:18, 21; 104:22; 105:5, 24; 107:11,18; 110:17; 114:3; 115:13; 116:12; 119:4,15; 121:5; 122:7; 126:20, 20; 128:10; 130:6, 10; 132:24; 135:25; 137:14; 140:3; 141:10,13; 142:9; 145:18; 148:15,23; 151:6; 152:23; 154:14, 15,16,21; 56:12,15; 160:1,3, 12,15; 161:9,11, 23; 163:24; 164:2,14; 166:12, 25; 167:23; 169:12,14, 23; 175:11; 178:24; 179:8, 14 right-hand 78.20; 86:6; 88:19; 127:4 ring 8:15, 25; 9:8,9, 12; 18:20,22,25; 19:1, 6, 11,14, 18, 22; 22:2; 25:22 rings 19:4,21; 20:11; 21:25; 22:8, 18; 29:21; 74:13, 15, 22 risk 62:7:114:24; 115:9; 121:17,19; 122:1, 1; 123:22 risks 62:11 River 151:5; 154:14 roaches 80:7; 81:10 road 123:20 ROEDER 6:8; 10:9, 17; 17:11; 21:8, 14; 22:12, 14,20; 23:23; 28:12,19:37:6; 46:23; 48:3, 7,11; 50:11; 53:19, 21; ! 54:9, 16, 20; 56:14; j 6l:l6, 23; 63:6; | 65:22; 66:2; 68:11, I 16; 70:25; 71:12; raised - ROEDER Min-U-S criptS Gore & Perry 800 878-6750 STLCOPCB4024853 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignu* September 14, 1991 75:10; 82:13, 20; 83:8; 84:11; 86:3, 21; 89:1; 103:19; 104:17; 105:5,7; 108:16; 109:16; 110:11; 112:23; 113:1; 18:8; 119:21:121:24; 124:14;126:23; 130:4; 132:7,9,13, 17; 135:6; 139:6; 140:24; 141:22; 143:15;153:20; 157:5,7; 160:19, 25; 161:7,10; 163:24; 164:14; 168:18; 170:5; 172:3; 180:2 Roeder's 21:11 Roman 118:22,23; 119:9, 25; 120:16 Rome 173:22 room 20:16,17; 21:20; 45:3 Rorrance 162:20 Rousetta 109:11 routine 128:6 routing 161:4,10, 21; 162:1 Rowland 162:16 royalty 99:3, 5, 5,8, 14 ruling 40:11 run 45:4; 100:4; 134:13 running 21:24 runs 65:23; 151:5 rupture 45:23 Russians 41:5; 177:3 s S 151:2 S-l-B-E-R-L-l-N-G 149:21 S-U-L-F-U-R 117:11 S.I.B 145:10, 15 safe 29:10; 46:18; 72:9, 11; 73:6 safer 46:17 safety 24:19; 25:7; 112:21 sale 85:12; 98:24 sales 37:6,13; 41:22; 63:14,25; 64:3,21;65:4, 5,7, 8, 9,18; 79:16; 81:14; 82:22, 24; 90:7, 17; 105:9, 15, 20; 107:4; 145:16; 167:6 salesman 131:2,10; 160:11; 165:2 salesmen 37:15; 130:15; 164:3, 17 saline 24:16 same 9:23; 16:14, 18; 28:2; 30:10; 38:20; 40:2; 44:4; 61:7; 97:22; 98:6; 100:17; 112:5,8; 117:17; 131:16; 149:4, 6, 7,8; 179:14 samples 78:3 San 53:1 sand 21:4 Sangamo 98:14; 99:6, 7 Santotherm 59:17, 24 satisfaction 70:11 satisfy 134:7 Sauget 154:12, 22 saw 6l:20;72:12; 109:24; 131:6; 138:10; 165:22; 178:25; 179:5 saying 34:17; 52:14; 57:16; 62:4; 67:9; 70:12; 72:17;96:10; 102:12; 106:13; 131:7,9,11; 159:18; 161:12; 167:22; 173:5; 174:18 scale 126:10,11,13, 16, 17; 130:7 Scandinavia 42:11 scheduled 52:5 school 7:18; 70:22 Scott 173:13 scrap 154:6, 22 screen 20:17 sea 46:14; 101:19 sealed 117:1,6; 119:13 second 53:16; 56:18; 61:4; 66:11; 79:7, 24; 80:2; 87:16, 18; 97:8; 104:25; 111:10; 112:11; 124:18; 125:1; 139:20; 141:13 Secondly 164:21 secret 153:3 secretary 162:5 section 12:15; 15:10, 14, 21; 40:7 I sections 15:5, 9 secure 148:7 Seek 73:24; 177:20 seeks 118:25; 119:10 seem 101:25 Seemed 80:1;81:23; 129:6; 133:14 seems 42:l6; 50:5; 128:20 selected 118:2 sell 41:16;44:10; ! 99:13; 159:14 selling 62:7,12; 98:23; 106:17 send 154:18,22; 155:3; 157:12; 159:4; 177:17 sending 129:20 senior 36:11;37:22; 135:8 sense 167:25 sensitive 130:16,19 sent 61:16; 68:17; 84:5; 85:23; 145:1,7; 165:21; 171:19; 178:9,15,22,23; 179:3,4 sentence 58:1;90:2, 24; 112:20; 115:6; 116:5,11; 162:19 September 1:15; 172:19 sequence 175:12, 21, 22 series 7:1 serious 150:19 service 46:6; 142:12 services 166:1 set 49:2; 92:19; 93:5, 11; 95:12; 97:7; 100:4; 111:6,8; 134:21; 148:9; 155:20; 166:21; 173:16; 175:12; 177:23 sets 71:3 setting 40:3; 111:1,3 several 94:10; 136:4; 146:10,10; 155:22 shall 95:21 share 128:21 shared 49:13; 138:24; 139:3 Sheppard 174:1 Sherwood 63:12, 21; 64:24; 65:14; 66:3 shift 91:1 ship 97:20; 99:6 shipments 123:14 shipped 98:17 shipping 96:4 ships 97:2 short 18:12 shortly 123:10; 133:4,4; 151:21 shot 99:25 shouldn't 67:21; 108:1; 137:18 show 65:24;73:19; 77:21; 82:20; 105:22; 107:9; 140:17 showed 78:2; 104:24; 105:14 showing 48:11; 56:14; 63:6:71:12; 83:9,11; 104:17; 105:9 shown 76:10;78:18; 88:2; 127:2; 143:21; 153:20 shows 83:17; 130:10; 135:12 shut 101:16; 102:2; 113:5; 114:4; 115:17; 123:24; 146:12; 176:10, 11 shutdown 102:20 Siberling 149:17, 20, 24; 152:21; 153:7 sick 55:16 side 10:1; 37:7, 7, 19, 23; 38:24; 39:1; 167:19 sign 20:2 Signature 180:4 signed 123:11; 135:10 significant 62:7; 126:3; 136:13, 16,17 significantly 109:12 similar 34:9 simple 20:22;44:23; 56:3; 94:11; 96:17; 148:22 simply 58:6; 101:24; 102:2; 115:17; 163:9; 166:6 singing 9:23 single 133:10 sit 157:19; 165:23 situation 32:8; 55:8; 91:13; 101:3; 150:23; 162:16; 164:19; 173:12 six 9:8; 126:4; 151:21 six-member 8:25 six-sided 19:11,14 skyrocketed 107:19 slightly 114:23 sloppy 131:12 slow 48:4 small 57:12; 88:14; 126:15; 158:15 smallest 126:19 Society 26:7; 39:20, 22; 109:6; 146:25 soil 136:4,7,14; 173:14, 17 sold 159:1; 160:5 sole 120:18; 121:6; 122:19 solid 20:15,16; 21:2, 4; 22:2; 44:19; 74:8; 75:4, 15, 19, 20, 21: 76:4; 117:4; 176:20, 21, 23 solution 136:6, 10 solve 158:11 solvent 166:18 somebody 37:1; 75:9; 97:6; 119:20; 122:15; 127:13; 128:15; 135:21; . 165:2; 167:18 somehow 138:21; 139:8; 178:4 someone 40:19; 51:25:67:22; 79:4; 118:2; 152:3; 157:19; 162:11 something 9:20; 10:3; 20:22; 21:4; 25:16; 27:13; 52:15; 54:14; 65:12; 66:8; 72:8; 73:22; 79:21; 89:20; 94:21; 97:24; 98:25; 101:25; 131:20; 152:14; 153:7; 158:1; 161:21; 166:5; 167:9 sometimes 27:7,10; 48:3 somewhat 133:17, 20; 146:23; 157:23 Somewhere 35:18; 97:23; 117:24; 123:20; 138:13 sophisticated 20:7; 69:24; 70:12,17; 88:13 Soren 87:21 sorry 130:4 sort 41:15; 58:21; 70:6; 155:16 sound 96:8; 113:19 Sounds 22:14; 44:23; 64:5; 160:11 source 96:15 Spain 41:6 speak 149:12,15; 152:9, 20,21; 173:21,25,25; 174:2, 3,3,4, 5,7 Special 57:24; 58:10; 118:1; 158:9 specialty 25:13; 118:1 'specific 18:1;66:15; 174:15 specifically 12:15; 48:25; 67:11; 139:23; 142:11; 147:7 specifications 26:8; 40:4 specified 39:22 spectrograph 70:1 spectrometer 88:2 spectrum 21:5 speculate 75:8 spell 8:16; 15:24; 55:2; 149:18, 20 spelled 26:9 spend 25:12 spent 7:14; 11:17, 20; 6l:18; 62:25; 129:4; 150:16 spoke 171:6; 174:8 spoken 46:24 spokesman 120:19. 23 sponsored 147:13 sprayed 66:9; 136:6. 7 spreading 114:13 Springs 151:3 square l6l:l St 7:24; 11:22, 23; 15:2; 17:23; 18:3; 19:25; 23:6; 51:9; 109:19; 110:3,25; 118:11; 124:24; 127:10; 154:13,14; 172:4, 8; 175:6 stability 22:19; 28:4; 29:4, 19, 20; 55:23, 24; 103:6,11,12; 133:21 stable 22:23; 23:1; 25:24; 155:14; 156:4 staff 83:17 stage 14:20; 165:5 stainless 57:1,9, 10,13,13,16, 20; 58:5, 11, 24; 59:2; 168:14, 21; 169:1, 2 stamp l6l:l stamped 162:5 Stan 177:15 standardization 44:9 standardize 40:10: 44:1 standardized 42:15 43:25 standards 41:18; 43:23; 44:11; 147:6 standpoint 34:2; 39:24; 41:14, 15 Stanley 150:10,25: 151:2 start 40:22;43:18: 75:21; 96:23 started 10:17; 11:1: 146:25; 171:13 starting 57:25; 124:15 starts 58:1 state 6:9; 67:11; 113:19; 156:17 stated 22:6; 148:25; 163:21; 176:3, 4 statement 62:2; 66:20, 21; 85:17: 88:8; 90:23; 112:10; 113:18; 115:25; 118:16; 119:5,9; 121:4; 135:24; Gore & Perrv 800 878-6750 Min-U-S cript Roeder's - statement STLCOPCB4024854 Paul G. Benignus September 14, 1995 Tennessee Gas Pipeline Company v. Monsanto Company 141:22; 144:12; 162:23; 163:7 statements 118:20; 124:3; 160:8 states 41:12; 44:3; 80:2; 93:21; 115:22; 120:16; 145:10; 163:22 station 36:7 stay 75:25; 114:3; 136:24:169:11,14, 16, 23; 170:1; 174:9 stayed 35:22; 176:10 stays 136:18, 19 steel 28:6; 57:9,10, 13, 14, 16, 20; 58:5, 11, 24; 59:2; 162:7, 11,13; 165:7,15; 168:14, 21; 169:1, 2 Steen rod 51:5 steering 145:22,23; 146:18 step 96:25:127:17; 147:5 steps 58:25:156:13; 159:9, 23; 173:12 stick 66:8; 113:14 sticker 66:7;81:25; 82:9 still 16:7,22; 17:15; 28:11; 35:22; 96:19; 100:8; 104:3; 122:10; 134:3; 151:18; 168:6 stipulated 26:6 stock 179:17 Stockholm 87:23 stop 53:16 stopped 143:8; 152:1 straight 8:18; 18:5; 30:16 straighten 17:19 strain 43:15; 57:11; 168:23 strange 64:4 stress 57:8,14; 58:4; 169:2 strictly 24:4; 25:13; 30:16; 97:4 strike 49:2; 59:7; 62:21; 77:18; 110:1; 115:2, 5; 129:7 strongly 67:11; 119:10 structure 8:15,25; 9:8, 12; 11:16; 18:21, 22; 25:22 studies 47:14;73:9; 77:6; 79:11; 175:3 study 135:22; 136:2; 137:5,9; 169:10,19 stuff 44:17; 72:18, 21; 97:1,1,25; 100:17; 127:12; 134:14, 20; 151:14; 155:4,14,17,24; 156:4 subject 24:17; 70:10; 132:7 submarine 97:3 subsequent 52:18 substance 85:4; 173:7 substances 50:16 substantiate 121:10 substitutes 101:13 suburb 151:3 succeeded 81:13 successful 44:9; 148:14 suggest 32:10; 50:2, 6; 53:10,12, 23; 54:1; 58:21; 71:6; 92:6 suggested 62:22; 116:3 suggesting 80:17 suggests 67:22; 71:2; 74:7; 75:3; 106:23 suitable 28:1,2; 116:1,8, 13; 118:24; 120:13 sulfur 74:19; 117:10 Sullivan 71:15 summarizes 121:2 summarizing 87:8 Summary 118:11, 13; 134:5 superior 37:18 supplied 93:7,10; 95:4; 148:11; 176:10 supplier 97:5 supply 32:4;95:4; 96:15; 102:3; 119:2; 122:24; 123:2,3,25 supplying 144:20; 146:13 support 24:18; 114:9, 10; 177:23 supported 147:13 supporting 77:11 suppose 77:15; 129:21; 156:18; 170:15 sure 10:9; 16:2; 19:19; 21:17; 33:2; 35:6; 40:17; 48:3; 51:23; 53:19; 54:6; 64:4; 84:21; 100:12; 101:11; 103:21; 114:21; 129:2; 132:9; 138:14; 147:11; 157:13; 160:25; 167:11, 21; 179:18 surely 114:25 surface 103:23 surge 43:10 surprise 121:13 surprised 118:19; 120:15 surrounding 169:22; 175:14, 23 susceptible 14:11 sustain 24:18 Swan 20:10,21; 21:18; 23:3, 5,6 Sweden 47:15,20; 48:25; 52:13,19; 141:9, 10 Swedish 49:4 switch 16:8 sworn 6:2 sympathetic 48:6 synonymous 86:25 synthesis 8:1,2 synthetic 16:2,3; 40:7 system 27:6; 29:15; 43:16; 58:3; 85:13; 162:20, 22; 163:2, 16; 164:7,13; 165:8; 166:8; 168:5, 6, 23; 169:21, 22 systems 59:2; 102:19; 168:20 T T-R-A-N 68:14; 153:24 T.L 144:14 table 111:13,19; 170:13 talk 39:13; 64:12; 65:3; 82:2; 102:16; 137:18; 151:8 talked 28:20; 30:19; 110:8; 134:8, 20; 137:12, 17; 155:14 talking 28:11,13, 16, 22; 38:1; 40:25; 45:9; 51:17; 57:15; 60:15; 70:15; 72:1; 94:7,14; 102:15; 104:9,14; 107:25; 108:1; 110:7; 116:9; 124:1; 158:13; 162:12; 170:23; 177:14 talks 49:17, 23; 71:1; 75:13; 111:13; 144:22 tangent 45:13 technical 24:17; 31:22; 34:10,12; 35:15, 20, 22; 37:7, 16,19, 23; 38:9,10; 39:19; 40:2, 8; 42:22; 90:9; 130:9; 167:19 technological 92:2 technologist 14:20 technology 34:3; 41:15; 70:12,18; 92:8, 12; 94:13; 95:8; 108:22; 109:2 telling 35:14;95:20; 108:22; 127:25; 175:2,9 temperature 20:16, 18; 21:20; 22:21,25; 45:6; 56:1; 57:12; 155:24 temporarily 79:15 ten 21:3; 126:3 tend 143:5 Tenneco 179:12 Tennessee 1:1; 126:25; 127:21; 129:18; 179:9 tenor 72:20; 161:7 tenure 33:24;37:11, 24; 40:14; 174:10 term 18:9; 46:25; 62:14 termite 13:21 termites 14:11; 137:24 terms 56:3; 70:8; 157:3 terphenyl 19:4,15, 16 terphenyls 18:18, 24 terrific 20:23 test 92:20; 93:6; 173:16 tested 134:22 testified 6:17,19; 84:20 testify 6:3; 179:2 testimony 22:9; 26:3; 32:7; 61:22; 99:9; 140:9,13; 147:19; 168:17, 20 Testing 26:7; 39:20, 22; 61:9; 93:12,13; 109:6; 134:20; 147:1 tests 6l:13;83:23; 134:14; 135:22 Texas 162:12; 163:15 textile 116:23 theoretically 11:15 therefore 26:9; 157:8 therewith 87:10 thermal 22:18; 28:4; 29:4; 103:5,11,12; 168:23 thermally 155:14 Therminol 62:7,12, 14 thermo 55:23,24; 57:10 they'll 72:20 they're 21:22;44:18; 55:11; 68:24; 69:25; 75:20; 93:2; 96:14; 112:5,7; 120:10; 131:11, 12, 13,15; 150:23; 158:17; 162:12; 166:23 thick 21:1 thin 21:23 thinking 75:23; 91:8 third 6l:4;87:18; 171:6 Thompson 71:15 though 34:4;35:2; 55:21,23; 64:5; 66:23; 77:21; 106:8; 114:5; 136:19; 144:11 thought 10:14; 103:22; 119:24; 156:8, 23; 157:16; 163:15; 164:5; 168:1; 169:15; 176:6,8; 177:7 three 19:3; 42:24; 51:9; 57:11; 126:14; 171:1; 175:24 throughout 111:15 throws 93:1 thus 14:17 tickets 178:18,19 tied 96:10 tight 96:2,8; 100:4; 146:14 Till 41:11; 108:20 times 17:24; 18:6; 27:11; 35:21; 100:6 tires 149:20 tissue 44:15,19; 78:7 title 31:21; 36:5; 71:18 titles 34:7 TNGS 124:16 TNGS-19125 82:23 TNGS-8480 144:2 TNGS-8683 125:18 to-wit 6:6 today 76:4; 165:23; 177:8 together 19:2; 38:20; 44:18; 95:15; 146:22 Tokyo 114:1,3,5; 115:1, 10 told 39;11;77:25; 82:2; 95:4, 21; 97:23; 103:3; 107:18, 22; 109:8; 112:18; 118:1; 121:5; 129:4 tolerable 166:20 tolerance 77:8,13 took 38:7;6l:l6; 134:5; 150:19; 155:20; 177:12 toothpaste 23:9 top 16:18; 25:10,10; 111:25; 136:10 Torrence 165:7,7, 10, 14, 15 total 90:17; 104:21 tour 127:20, 24 toward 37:10,23; 40:13; 69:9 towards 46:5 town 16:18; 100:20 toxic 50:3; 55:15; 56:10; 73:25; 77:12 toxicity 69:S;71:3; 73:4, 5; 77:6; 79:10 toxicological 110.18 toxicology 49:23 traces 57:4 track 10:13 trade 17:2; 18:10, 10, 11; 25:18, 20; 26:4, 11, 12,13, 14; 62:14 traditional 83:4 trail 78:22; 80:3 TRAN 68:14; 153:24 TRAN-12383 78:17 TRAN-21185 170:8 TRAN-21762 86:5 TRAN-22028 118:13 TRAN-22030 109:20 TRAN-28069 172:7 TRAN-37340 141:2 TRAN-53674 63:13 TRAN-56621 48:14 TRAN-57423 56:17 TRAN-57681 71:16 TRAN-5788 83:12 TRAN-58300 89:8 TRAN-6445 76:9 TRAN-86181 84:15 transfer 20:13; 27:3, 11, 12. 19; 28:5; 56:2: 101:5, 12 transferred 27:6,8; 31:11; 33:10 transformer 24:21, 25; 25:5; 26:22; 27:1, 8, 9; 97:1; 109:10; 112:1, 12, 16; 114:12, 15. 17; 116:2,9, 19, 22; 117:8,12; 118:4,25; 120:7; 123:8: 135:9; 146:21; 147:2; 150:11; 152:7; 158:17; 166:13; 168:10; 173:23 transformers 24:15; 25:3,8; 26:16,17; 27:14,15; 28:7; 39:12; 42:13;45:l6; 60:16; 109:13; 111:10, 15, 21; 112:3,8, 17; 113:4,9, 25; 114:8; 115:4, 5, 8. 11,18:116:15; 117:16,23; 119:11, 17; 120:5, 12; 123:4: 126:7,13; 132:19; 150:12; 158:15, 16. statements - transformers Min-U-Script Gore & Perry 800 878-6750 STLCOPCB4024855 Tennessee Gas Pipeline Company v. Monsanto Company Paul G. Benignus September 14,1995 23; 159:1; 166:10; 168:7; 177:2 transforming 26:23; 115:21 transmitted 79:22 transmitting 79:16 transpired 129:11 Transwestern 140:14 traveled 41:14 traveling 42:8 treated 15:17 treating 15:15; 137:16 treatment 137:23 tremendous 173:3 trial 6:17 trichlorobenzene 16:25 tried 106:14; 112:2; 137:19; 149:16; 150:14 trillions 150:15 trouble 96:14; 165:10, 16 trucks 150:12 true 113:7; 141:25; 142:18, 20; 156:24; 157:1 truly 31:15 truth 6:3, 3,4 try 7:7; 13:5,6; 34:17; 65:25; 80:13, 15:94:10; 115:5; 122:14 trying 21:15; 26:25; 34:20;35:18; 40:17; 41:16; 44:6, 7; 50:12, 22; 51:14; 53:16; 54:18; 72:6, 7; 130:22; 147:25; 156:8 Tucker 173:13 turn 37:15 turned 96:22 two 11:5; 12:9; 13:18; 19:1,21; 20:11,14:70:13; 73:14; 74:1; 83:3; 91:22; 94:7;95:18, 19; 97:11,13; 109:12; 123:3; 126:14; 131:14; 134:13; 139:13; 175:14, 23 two-by-four 137:22 type 25:5; 58:15, 15: 116:18, 21; 117:16, 18; 119:11 typed 161:22; 162:2 types 13:10; 15:12; 17:12,14; 70:13; 119:13, 13 u 1)7:24 U.S 76:24; 162:6,11, 13; 165:7, 15; 177:20 ultimate 75:16 ultimately 69:16; 148:7; 176:11 unattended 167:16 under 36:7;37:12; 38:18, 22, 23,24; 44:16; 45:7; 57:10; 87:23; 90:5, 19; 95:2; 98:18; 144:10,11; 145:9; 146:13; 148:8; 167:2; 177:19; 178:23 underground 113:9 understandable 102:5 understood 53:7; 54:25; 72:12; 75:12; 129:6; 132:10; 142:5; 155:23; 166:5 undertake 77:5; 149:11 underwriters 25:15; 26:6; 114:7 unique 100:22 United 44:3; 93:20; 115:22 University 8:5; 10:20; 53:4; 83:18; 87:23 unless 123:21; 157:19 untreated 137:21 unusual 127:23 up 14:24; 18:7; 21:5; 24:22; 42:17; 43:15; 44:20; 51:20; 65:24; 67:25; 70:17; 71:25; 73:19; 77:21, 24; 78:3,20; 82:4; 83:21; 88:19; 91:9; 92:19, 23; 93:3, 5,12, 13, 16; 94:13; 96:22; 97:7; 99:25; 104:10, 13; 110:10; 111:1,3, 6, 8; 112:25: 117:20; 120:12; 127:3, 7,13; 130:7; 131:15; 134:21; 137:4; 38:9, 22; 140:17; 142:6; 144:7; 147:2,3; 155:20; 161:23; 162:2; 167:1; 173:13, 16; 175:7 upgraded 150:13 upon 11:15; 21:24; 22:10; 32:14; 49:11; 50:20; 99:5, 8; 159:19; 168:2,12; 169:9 upper 78:20 upset 46:7; 155:18 USDA 63:23;64:12; 65:1,4 use 10:10; 13:2,4, 14; 14:15; 15:11; 18:8; 28:6, 8; 29:10; 32:10,11, 15; 33:8; 39:16; 43:4; 58:16, 23; 59:2; 60:10,17; 63:22; 64:1, 25; 66:5, 15, 23, 24; 67:6; 70:7; 71:24; 73:25; 75:17, 19; 79:20; 80:5; 81:16, 23;91:13; 93:17; 95:2; 98:3,4, 16; 102:18, 24; 111:14; 112:17; 115:23; 116:15; 120:3,17; 21:7; 122:18, 19; 126:11; 128:23; 130:17; 132:14; 133:9; 134:18; 138:4; 142:2; 147:22; 148:7, 9; 149:12; 150:4,12; 170:21; 175:15,16, 25; 176:21; 177:6, 20, 24; 178:2; 179:10 used 14:3; 16:5; 20:14,15; 21:19; 24:9,12; 25:1,7; 26:3, 24; 27:23; 28:22, 23, 24; 29:12; 31:24;32:22,23; 34:19; 42:13; 55:8; 57:18; 62:8, 23; 64:17; 65:10,15; 66:25; 67:4,13,25; 68:7; 69:16; 70:13; 72:14; 75:9; 80:11; 81:9; 82:6, 9; 97:2; 98:17; 102:7; 111:22, 23,24; 112:1,3; 113:24:132:19; 38:4, 7; 139:7; 143:7; 154:18; 155:25; 168:15; 170:23; 177:2; 178:4 useful 13:10; 21:6; 43:3 usefulness 13:9 user 123:5; 134:1, 15; 159:7, 10, 11 users 40:2; 58:23; 59:1; 66:14; 123:4; 126:2,3,5, 5; 134:9, 10; 139:4; 159:3 uses 24:7,13; 27:23; 28:1, 13, 21; 29:14; 32:2,3,4, 21; 34:14; 35:3; 48:22; 60:14: 66:16; 67:6, 7; 77:3: 101:4:102:22; 103:24; 131:9; 142:18; 150:1 using 58:11; 60:16; 72:6; 88:1; 176:19 usually 131:2 utilities 117:23 utility 43:15;95:6; 112:1; 161:25 Wales 47:9; 87:5 wall 27:9; 45:18 walls 136:5 V wants 111:5 V-A-N-l-L-L-l-N 15:25 V-A-U-G-H-T 130:11 V-l-L-A-N-D 135:8 V-O-D-D-E-N 174:4 valid 68:5; 72:11 value 85:14 vanilla 16:1, 2, 3 vanillin 15:22 war 96:25 warning 165:22 warranted 127:13 Washington 7:24; 8:4; 10:19; 79:2,3; 177:22 watch 100:2 water 20:25; 21:24; 27:18; 44:17; 116:25; 117:4 vapor 69:23; 70:2, 4 wax 175:4 variable 74:16 various 13:9,10; 15:12,15; 21:23; 72:2; 118:3; 173:20 vary 22:3 Vaught 130:11, 14 vaults 25:9 vein 157:21 way 26:1; 35:25; 51:21,24; 54:7; 69:22, 23:75:22; 76:2; 86:22; 95:25; 96:10; 97:22; 101:1, 15; 106:14; 129:19; 141:20; 154:8; 157:5, 7; 164:22, 22, 23; 166:14, 17, 19 venture 59:20 versus 25:22; 30:22; 46:5; 75:15 VI 119:25 vice 35:11 Waynesboro 126:25:127:21; 129:18 ways 67:6 wearing 45:4 view 108:2; 128:21; 150:1 views 106:11 VII 118:23, 24 VIII 120:16 Viland 135:8; 139:1 vinyl 12:24 Wednesday 142:25 weight 170:17, 25 Weiss 71:15 welcome 140:4; 146:25 well-known 20:20, 20 violate 67:7 violated 99:21; 100:1 virtue 112:22 viscous 20:25; 21:24 visit 84:16; 128:4, 14, 14; 151:23 visited 52:9; 85:3; 128:12 visits 52:4; 87:9 vital 112:24 Vodden 174:2, 4 voltage 26:23; 43:8 voted 153:8 vs 1:2 weren't 60:16; 77:15; 84:21; 96:9; 101:7;103:4,21; 104:6; 114:17; 116:17; 137:11; 138:5; 176:9; 177:2, 2; 179:3 West 175:6 Westinghouse 18:11; 39:13; 40:1; 96:13:98:14; 123:5, 7; 135:10; 137:2; 138:25; 139:10,20; 169:20; 174:1 Westinghouse's 26:12 w What's 15:25;49:24; 51:20; 55:3; 56:14; W.B 127:1 W.G 154:10 W.P 144:14 W.R 61:2; 68:13; 83:11; 89:4 wait 23:21; 47:25; 67:2; 122:10 waiting 135:22; 136:2 63:7; 70:6; 83:9; 88:16;91:10;93:1; 101:21; 106:12; 107:13; 142:5; 145:15 Wheeler 68:13;71:1, 1; 76:7, 13; 77:10 whenever 138:9 i whereas 90:8.; 1 93:16; 102:8; 123:8 | wherever 42:12 waived 180:4 I white 45:4 Who's 61:6; 110:12; 152:5 whole 6:3;23:18; 28:16; 35:13; 91:6, 15; 108:4; 123:12: 129:16; 133:24; 175:4 Widmark 84:17,22; 85:2,3,5,12; 87:24 wild 74:23 wildlife 87:9 William 78:21 willing 163:3; 165:4 wind 92.T9 winding 44:15,45:2; 93:6, 7, 10, 11 window 104:15 wiped 108:4 withdraw 54:9 withdrawing 119:2 within 166:20 without 29:6;64:25; 65:13; 80:24; 100:5; 113:3; 142:22 withstand 29:16,16 witness 9:5,22; 10:11; 19:22; 54:18; 86:20; 119:19; 132:15; 180:5 wonder 80:24; 96:23; 179:20 wondering 46:8; 129:8; 179:19 wood 13:21,23; 14:3, 10; 15:14,15, 17; 47:7, 11; 48:15, 24; 49:3, 13; 50:5. 14; 137:16; 172:4,7: 175:20; 176:5; 177:19; 178:1 word 14:15; 18:6; 70:6; 71:24, 25:72:7, 15; 73:1; 116:5,6, 10, 12; 133:8 words 66:22;72:l6; 75:9; 147:25 work 7:25; 12:11; 13:11, 15,20,23: 15:9; 16:20. 22: 24:4: 32:15; 35:24; 39:18: 50:16; 54:11;72:13: 73:15, 17; 87:21; 109:8; 138:2; 146:20; 147:15; 153:10: 155:9, 10, 16, 21; 163:4; 165:4; 166:2; 173:3,3 worked 13:12; 23:12; 54:13:109:3; 114:23; 137:15; 138:2 worker 87:22 working 30:17: 146:22; 147:2; 155:20 world 41:13; 42:1; 46:17, 18; 90:13,16; 91:2; 106:24 Gore & Perry 800 878-6750 Min-U-Script transforming - world STLCOPCB4024856 Paul G. Benignus September 14,1995 world's 156:19; 157:17; 159:24 world-wide 41:12, 21, 25 worldwide 34:2; 40:5, 9; 41:2, 3 worth 60:23;85:14; 94:16 wound 44:18, 20 write 25:16; 141:14; 157:10; 158:5 writes 136:1 writing 9:15 written 71:4; 145:10; 146:11; 157:14 wrong 26:1; 69:19; 95:22; 97:24; 102:16; 131:13; 148:19, 20 wrote 63:21; 120:20; 132:24; 141:2,23; 153:22, 24; 156:19, 23; 160:14 X X 74:15,16; 78:23; 80:24; 81:1, 1,3, 4,4 Y Y-O-S-H-U 55:3 year 11:17 year's 141:18; 142:1 years 11:5; 12:9; 13:18; 81:5; 94:25; 95:1; 96:3; 102:14; 108:20; 134:10, 13; 136:11; 138:8; 141:14, 14; 142:6, 6; 143:2; 146:10,10; 155:20 yesterday 61:8,19; 106:3; 109:24 yield 100:5 York 113:4,9,15; 114:4; 115:10 Yoshu 55:1, 3; 77:24 z zero 163:1,11,11, 12; 164:12, 25; 167:24, 25 zeros 74:1, 2 world's - zeros Tennessee Gas Pipeline Company v. Monsanto Company Min-U-Script Gore & Perry 800 878-6750 STLCOPCB4024857 Lawyer's Notes STLCOPCB4024858